.-?^ 


LIBRARY 

OF  THK 

University  of  California. 


GIF^T  OF^ 


Accession   . .-..^^^^^ 


^ 


Class 


KENTUCKY 

Common  School  Laws, 


WITH  NOTES,  BLANKS  AND  FORMS  FOR  THE  USE  OF 

SCHOOL  OFFICIALS  AND  OTHERS  CONCERNED 

IN   THE    ADMINISTRATION. 

OF  THE 

PUBLIC  SCHOOL  SYSTEM 


Prepared  and  Published  by  the 
SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


PROPERTY  OF  THE  STATE. 


To  Be  Preserved  and  Delivered  by  Each  Official  To  His  or  Her  Successoi 

In  Office. 


INCLUDES  THE  LEGISLATIVE  ACTS  OF  1900. 


louisvil,l,e  : 

Geo.  G.  Fetter  Printinf  Co. 

1900. 


Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/commonsckentuckyOOkentrich 


KENTUCKY 


Common  School  Laws, 


WITH  NOTES,   BLANKS  AND  FORMS  FOR  THE    USE  OF 

SCHOOL  OFFICIALS  AND  OTHERS  CONCERNED 

IN  THE  ADMINISTRATION 


PUBLIC  SCHOOL  SYSTEM 


PREPARED    AND    PUBLISHED  BY  THE 

SUPERINTENDENT    OF    PUBLIC    INSTRUCTION. 


PROPERTY  OF  THE   STATE, 


TO   BE  PRESEKVED  AND   DELIVERED  BY  EACH  OFFICIAL  TO 
IILS  OR   HER  SUCCESSOR   IN  OFFICE. 


Includes  the  Legislative  Acts  of  1900. 


L.OITlwVII^T,E  : 

Gku.  G.  Fetter  Prtntinc;  Co. 
1900. 


INTRODUCTORY, 


Since  the  publication  of  the  school  laws  in  1898  only  one 
section  has  been  amended,  and  only  one  new  act  passed. 
Section  eight  of  article  nine,  relating  to  cities  of  the  second 
class  has  been  amended,  and  an  act  to  provide  additional  dor- 
mitories and  other  improvements  for  the  Agricultural  and 
Mechanical  College,  and  making  appropriations  therefor  has 
been  passed.  They  are  both  in  effect,  the  emergency  clause 
having  been  attached  to  each. 

The  publication  of  this  edition  is  made  in  accordance  with 
the  provisions  of  sections  81  and  33  of  this  volume,  viz: 

"The  Superintendent  of  Public  Instruction  shall  biennially 
collect,  arrange  for  publication  and  index  the  school  laws, 
omitting  all  that  has  been  repealed,  and  inserting  in  its  proper 
place  that  which  is  amendatory.     ***** 

"He  shall  have  published  for  annual  distribution  through- 
out the  State,  abstracts  of  the  decisions  of  the  Appellate  Court 
and  of  the  Attorney-General  on  points  of  school  law  and  con- 
struction thereof,"  etc. 

H.  V.  McCHESNEY, 
Superintendent  of  Public  Instruction. 


85434 


EDUCATIONAL  PROVISIONS  OF  THE  STATE  CONSTITUTION 

.or 

KENTUCKY. 


KDUCATION. 


''§  183.  The  General  Assembly  shall,  by  appropriate  legis- 
lation, provide  for  an  efficient  system  of  common  schools 
throughout  the  State. 

'^%  184.     The  bond  of  tlie  Commonwealth,  issued  in  fay  or 
of  the  Board  of  Education,  for  the  sum  of  one  million  three 
hundred  and  twenty-seyen  thousand  dollars,  shall  constitute 
one  bond  of  the  Commonwealth  in  fayor  of  the  Board  of  Edu- 
cation, and   this  bond   and    the   seyenty-three  thousand   fiye 
hundred  dollars  of  the  stock  in  tlie  Bank  of  Kentucky    (now 
seyenty-nine  thousand  eight  hundred),  held  by  the  Board  of 
Education,  and  its  proceeds,  shall   be  held  inyiolate  for  the 
purj^ose  of  sustaining  the  system  of  the  common  schools.     The 
interests  and  dividends  of  said  fund,  together  with  any  sum 
which  may  be  produced  by  taxation  or  otherwise  for  purposes 
of  common  school  education,  shall  be  appropriated  to  the  com- 
mon schools,  and  to  no  otiier  purpose.     No  sum  shall  be  raised 
or  collected  for  education  other  than  in  common  schools  until 
the  question  of  taxation  is  submitted  to  the  legal  yoters,  and 
the  majority  of  the  votes  cast  at  said  election  shall  be  in  favor 
of  such  taxation:     Proridcd,  The  tax  now  imposed  for  educa- 
tional purposes,  and  for  the  endow^ment  and  maintenance  of 
the  Agricultural  and  Mechanical  College,  shall  remain    until 
changed  by  law. 

"§  185.  The  Genei'al  Assembly  sliall  make  provision,  by 
law,  for  the  payment  of  the  interest  of  said  sclioiol  fund,  and 
may  provide  for  the  sale  of  the  stock  in  the  Bank  of  Kentucky; 
and  in  case  of  a  sale  of  all  or  any  part  of  said  stock,  the  pro- 
ceeds of  sale  shall  be  invested  by  the  Sinking  Fund  Commis- 
sioners in  other  good  interest-bearing  stocks  or  bonds,  which 


EDUCATION.  5 

shall  be  subject  to  sale  and  re-investment,  from  time  to  time, 
in  like  manner  with  the  same  restrictions  as  provided  with 
reference  to  the  sale  of  the  said  stock  in  the  Bank  of  Kentucky. 

"§  18(>.  Each  county  in  the  Commonwealth  shall  be  en- 
titled to  its  proportion  of  the  school  fund  on  its  census  of  pupil 
children  for  each  school  year;  and  if  the  pro  rata  share  of  any 
school  district  be  not  called  for  after  the  second  school  year, 
it  shall  be  covered  into  the  treasury  and  be  placed  to  the  credit 
of  the  school  fund  for  <j^eneral  apportionment  the  following 
schjool  3^ear.  The  surplus  now  due  the  several  counties  shall 
remain  a  perpetual  obligation  against  the  Commonwealth  for 
the  benefit  of  said  respective  counties  for  which  the  Common- 
wealth shall  execute  its  bond,  bearing  interest  at  the  rate  of 
six  per  centum  i)er  annum,  payable  annuall}^,  to  the  counties 
respectively  entitled  to  the  same,  and  in  the  proportion  to 
which  they  are  entitled,  to  be  used  exclusively  irx  aid  of  com- 
mon schools. 

'^§  187.  In  distributing  the  school  fund  no  distinction  shall 
be  made  on  account  of  race  or  color  and  separate  schools  for 
white  and  colored  children  shall  be  maintained. 

"§  188.  So  much  of  any  moneys  as  may  be  received  by  the 
Commonwealth  from  the  United  States  under  the  recent  act  of 
Congress  refunding  the  direct  tax  sliall  become  a  part  of  the 
school  fund  and  be  held  as  provided  in  section  184;  but  the 
Oeneral  Assembly  may  authorize  the  use  by  the  Common- 
wealth of  the  monej^s  so  received  or  any  part  thereof ,  in  which 
event  a  bond  shall  be  executed  to  the  Board  of  Education  for 
the  amount  so  used  which  bond  shall  be  held  on  the  same 
terms  and  conditions  and  subject  to  the  provisions  of  section 
181,  concerning  the  bond  therein  referred  to. 

^^§  189.  No  portion  of  any  fund  or  tax  noAV  existing,  or  that 
may  hereafter  be  raised  or  levied  for  educational  i)urposes, 
shall  be  appropriated  to,  or  used  by,  or  in  aid  of,  any  church, 
sectarian  or  denominatioiuil  school." 

§  155.  The  provisions  of  sections  145  to  154,  inclusive, 
(which  require  a  secret  ballot  in  all  elections,  etc.),  shall  not 
apply  to  the  election  of  school  trustees  and  other  common 


6  EDUCATION. 

school  district  elections.  Said  elections  shall  be  regulated 
by  the  General  A  ssembly,  except  as  otherwise  provided  in  the 
Constitution.'^ 

"§  157.  The  tax  rate  of  cities,  towns,  counties,  taxing  dis- 
tricts and  other  municipalities,  for  other  than  school  purposes, 
shall  not,  at  any  time,  exceed  the  following  rates  upon  the 
value  of  the  taxable  prioperty  therein,  viz:  For  all  towns  or 
cities  having  a  population  of  fifteen  thousand  or  more,  one 
dollar  and  fifty  cents  on  the  hundred  dollars;  for  all  towns  or 
cities  having  less  than  fifteen  thousand  and  not  less  than  ten 
Thousand,  one  dollai*  on  the  hundred  dollars;  for  all  towns  or 
cities  having  less  than  ten  thousand,  seventy-five  cents  on  the 
hundred  dollars;  and  for  counties  and  taxing  districts,  fifty 
cents  on  the  hundred  dollars;  unless  it  should  be  necessary 
to  enable  such  city,  town,  county,  or  taxing  district  to  pay 
the  interest  on,  and  provide  a  sinking  fund  for  the  extinction 
of,  indebtedness  contracted  before  the  adoption  of  this  Con- 
stitution. No  county,  city,  toAvn,  taxing  district,  or  other 
municipality,  shall  be  authorized  or  permitted  to  become  in- 
debted, in  any  manner  or  for  any  purpose,  to  an  amount  ex- 
ceeding, in  any  year,  the  income  and  revenue  provided  for  such 
year,  without  the  assent  of  tw^o-thirds  of  the  voters  thereof, 
voting  at  an  election  to  be  held  for  that  purpose;  and  any  in- 
debtedness contracted  in  violation  of  this  section  shall  be 
void.  Xor  shall  such  contract  be  enforceable  by  the  person 
with  whom  made;  nor  shall  such  municipality  ever  be  au- 
thorized to  assume  the  same." 


..THE.. 


COMMON    SCHOOL    LAWS 

OF  THE 

COnnONWEALTH 
KENTUCKY. 


I.    General  Provisions    . Sections       1  to       7 

II.    Scliool  Fund Sections       8  to     14 

III.  Board  of  Education Sections     15  to     21 

IV.  Sup't  of  Public  Instruction Sections     22  to     36 

V.    County  Superintendent Sections     37  to     59 

VI.    County  Board  of  Examiners Sections     60  to     64 

VII.    Districts Sections     65  to     71 

VIII.   District  Trustees -.  .Sections     72  to     92 

IX.    District  Taxation Sections     93  to     99 

X.    Graded  Common  Schools Sections  100  to  130 

XI.    Teachers Sections  131  to  136 

XII.    Teachers'  Institute     Sections  137  to  147 

XIII.  County  and  District  Libraries    •  .  .  Sections  148  to  151 

XIV.  Colored  Schools •  •  •  -Sections  152  to  155 

XV.    Enforced  Attendance Sections  158  to  164 


GENERAL  PROVISIONS. 


GENERAL  PROVISIONS. 


§  1.    A    uniform    system    of    common 
schools  throughout  the  State. 

2.  Common    school    and    its    condi- 

tions defined. 

3.  School-year,  when  to  begin  and 

terminate. 

4.  Number   of   school-days   to  con- 

stitute   a    month;    number   of 
hours  to  constitute  a  school- 


day;     conditions    for    employ- 
ing assistant  teachers. 
§  5.    Duty  of  all  pupils;  for  good  cause 
may  be  suspended  or  expelled 
from  school. 

6.  Forbidden  publications  and  doc- 

trines in  common  schools. 

7.  Conditions   for   graduation   in   a 

common  school. 


§  1.  [A  Uniform  System.']— Beit  enacted  by  the  Gemf^al  Assenihhj 
of  the  Commonwealth  of  Kentucky:  There  shall  be  maintained 
throughout  the  State  of  Kentucky  a  uniform  system  of  com- 
mon schools  in  accordance  with  the  Constitution  of  the  State 
and  this  chapter. 


§  2.  [  Common  School  Defined.  ]  — :No  school  shall  be  deemed 
a  "common  school,"  within  the  meaning  of  this  chapter,  or  be 
entitled  to  any  contribution  out  of  the  school  fund  unless  the 
same  has  been,  pursuant  hereto,  actually  kept,  or  is  under  con- 
tract to  be  kept,  by  a  qualified  teacher  for  three  months  in  dis- 
tricts having  thirty-five  pupils  or  less,  for  four  months  in  dis- 
tricts having  more  than  thirty-five  or  less  than  forty-five  pu- 
pils, and  for  five  or  more  months  in  districts  having  forty-five 
or  more  pupils,  during  the  same  school  year  and  at  which 
every  child  residing  in  the  district,  between  the  ages  of  six  and 
tw^enty  years,  had  had  the  privilege  of  attending,  whether  con- 
tributing towards  defraying  its  expenses  or  not:  Provided^ 
That  nothing  herein  shall  prevent  any  person  from  attending 
a  common  school  who  will  obtain  the  consent  of  the  trustees 
and  the  teachers  and  pay  the  required  tuition  fees.  But  after 
June  30,  1894,  no  school  shall  be  deemed  a  "common  schooF' 
or  be  entitled  to  any  contribution  out  of  the  school  fund,  unless 
the  same  has  been,  pursuant  hereto,  actually  kept  or  is  under 
contract  to  be  kept,  by  a  qualified  teacher  for  not  less  than 
fi\e  months  during  the  same  school  year,  free  of  expense  to 
every  pupil  child,  as  prescribed  above.  In  order  that  each 
child  of  the  Commonwealth  may  enjoy  the  benefits  of  a  five 
months'  school,  the  Superintendent  of  Public  Instruction  shall 
for  each  school  year  after  June  30,  1893,  apportion  the  fund 
due  each  county  having  one  or  more  districts  of  less  than 
forty-five  pupil    children  as  follows:     He  shall  apportion  to 


GENERAL  PROVISIONS.  9 

each  district,  without  regard  to  school  population,  the  per 
capiia  of  forty-tive  pupil  children,  both  from  the  fund  derived 
from  the  KState  and  interest  on  the  county  bond,  if  any^  and 
prorate  the  remainder  of  the  fund  among  the  districts  having 
more  than  forty-live  such  children:  Provided,  That  any  frac- 
tional balance  shall  be  omitted  in  computing  the  said  per 
capita,  and  that  the  aggregate  of  fractional  balances  shall  be 
credited  to  the  respective  counties,  and  to  be  taken  intx) "ac- 
count the  following  year. 

§  3.    [School  Year.] — The  school  year  shall  begin  on  the  first 
day  of  July,  and  end  on  the  thirtieth  of  June. 

§  4.  [  School  =  Month — School=Day  —  Assistant  Teachers.  ]  — Twenty 
school  days,  or  days  in  which  teachers  are  actually  employed 
in  the  scliQol  room,  shall  constitute  a  school  month  in  the 
common  schools  of  the  State;  but  no  teacher  shall  teach 
on  Saturdays.  Teachers  shall  have  the  benefits  of  only  such 
legal  holidays  as  they  actually  observe.  Six  hours  of  actual 
w^ork  in  the  school  room  shall  constitute  a  school  day;  and 
under  no  circumstances  shall  the  daily  session,  including  re- 
cesses and  intermissions,  exceed  nine  hours  in  length.  When 
the  attendance  exceeds  fifty,  the  teacher  may  employ,  during 
such  attendance,  an  assistant,  whose  scholarship  and  com- 
petency shall  be  acceptable  to  the  trustees.  When  the  school 
shall  require  an  assistant  to  serve  regularly  at  a  salary,  such 
assistant  shall  hold  a  certificate  -of  qualification  and  be  em- 
ployed by  the  trustees. 


§5. 


[Regulations  for  Schools— Pftnahies.]— All  pupils  wlio  may  be 
admitted  to  common  scliools  shall  comply  with  the  regula- 
tions established  in  pursuance  of  laAv  for  the  government 
of  such  schools.  Willful  disobedience  or  defiance  of  the 
authority  of  the  teachers,  habitual  profanity  or  vulgarity,  or 
other  gross  violation  of  propriety  or  law,  shall  constitute 
good  cause  for  suspension  or  expulsion  from  school- 

§  6.  [  Forbidden  Publications  and  Doctrines.  — Xo  books  or  other 
publications  of  a  sectarian,  infidel,  or  immoral  character,  shall 
be  used  or  distributed  in  any  common  school;  nor  shall  any 
sectarian,  infidel  or  immoral  doctrine  be  tauc^ht  therein. 


10 


SCHOOL  FUND. 


§  7.  [  Conditions  for  Graduation.  ] — Whenever  a  pupil  of  any 
oommon  school  shall  have  faithfully  completed  the  prescribed 
course  of  study,  shall  have  passed  a  proper  examination  be- 
fore the  County  Board  of  Examiners  on  a  series  of  questions 
prescribed  by  the  State  Board  of  Examiners,  and  paid  to 
the  said  county  board  an  examination  fee  ,of  one  dollar,  he 
shall  be  entitled  to  a  certificate  of  such  completion  and  ex- 
amination, signed  by  said  county  board,  and  approved  by  the 
Superintendent  of  Public  Instruction  who  shall  affix  thereto 
his  official  seal.  The  Superintendent  shall  prepare  a  proper 
form  for  said  certificate.  One  such  examination  shall  be 
held  in  each  county  on  the  last  Thursday  in  January,  and 
another  on  the  last  Thursday  in  June  of  each  year. 

11.     SCHOOL  FUND. 


!  8.  Of  what  the  schoDl  fund  shall 
consist. 

(1.)  Interest  on  the  bond  of  the  Com- 
monwealth. 

(2.)  Dividends  on  bank  stock  owned 
by  the  state. 

(3.)  Interest  on  bond  issued  for  sur- 
plus. 

(4.)  Interest  on  bond  of  1892. 

(5.)  Annual  State  Tax. 

(6.)  Proportion  of  revenue  received 
from  licenses,  and  from  fines 
and  forfeitures. 

9.  The  foregoing  shall  constitute  the 
annual  resources *of  the  school 
fund;  how  appropriated. 


10. 
11. 

12. 


13. 


14. 


TTse  of  fund. 

Duty  of  the  auditor  in  relaf  on 
to  the  common  school  fund. 

Net  revenue  of  the  common 
school  fund  to  be  distributed. 
Discounts  on  checks  and 
other  incidentals  (to  be  paid  by 
fiscal  courts. 

Manner  of  estimating  pro  rata 
share  of  common  school  fund 
for  each  pupil  child  of  the 
Commonwealth;  county  and 
district  apportionment. 

Manner  of  distributing  amount 
of  school  fund  du3  each  CDunity, 
city,  etc. 


§  8.  [  School  Fund.  ]— The  school  fund  shall  consist  of  the 
fund  dedicated  by  the  Constitution  .and  laws  lof  this  Common- 
wealth for  the  purpose  of  sustaining  a  system  of  common 
schools  therein:  (1)  The  interest  on  the  bond  of  the  Com- 
monwealth for  one  million  three  hundred  and  twenty-seven 
thousand  dollars  (|1,327,000)  in  aid  of  oommon  schools,  at 
the  rate  of  6  per  cent,  per  annum  payable  semi-annually  on 
the  first  day  of  January  and  July  of  each  year.  (2.)  The  divi- 
dends on  seven  hundred  and  thirty-five  (now  seven  hundred 
and  ninety-eight)  shares  of  the  capital  stock  of  the  Bank  of 
Kentucky,  representing  a  par  value  of  seventy-three  thousand 
five  hundred  dollars  (now  seventy-nine  thousand  eight  hun- 
dred) owned  by  the  State.  The  surplus  (three  hundred  and 
eighty-one  thousand  nine  hundred  and  eighty-six  dollars  and 
eight  cents  (|381,98G.08),  now  due  the  several  counties,  and  re- 


SCHOOL  FUND.  11 

maining  «a  perpetual  obligation  against  the  Commonwealth  for 
the  benefit  of  said  respective  counties,  for  which  the  Common- 
wealth shall  execute  its  bond,  bearing  interest  at  the  rate  of  6 
per  cent,  per  annum,  payable  annually  on  the  first  day  of  July 
to  the  counties  respectively  entitled  to  the  same,  and  in  the  pro- 
portion to  which  they  are  entitled,  to  be  use<l  exclusively 
in  aid  of  common  schools.  Said  bond  shall  be  executed  by 
the  Governor  and  attested  by  the  Secretary  of  State  for  and 
on  behalf  of  the  (Jommonwealth  of  Kentucky,  and  wiien  said 
bond  is  executed  the  old  bond  for  three  hundred  and  seventy- 
<nght  thousand  nine  hundred  and  forty-six  dollars  and  seventy- 
one  cents,  being  part  of  said  bond,  shall  be  canceled  and 
destroyed.  (4.)  The  interest  at  0  per  cent  per  annum,  pay- 
able semi-annually,  on  the  first  day  of  Januar^'  and  July,  on 
six  hundred  and  six  thousand  six  hundred  and  forty-one  dol- 
lars and  three  cents  (1006,641.03),  received  from  the  United 
States  under  an  act  approved  March  2,  1891,  for  which  the 
Commonwealth  has  executed  bond  pursuant  to  an  act  ap- 
proved March  12,  1802.  (5.)  The  annual  tax  of  twenty-two 
cents  on  each  one  hundred  dollars  of  value  of  all  real  and 
personal  estate  and  corporate  franchises  directed  to  be  as- 
sessed for  taxation.  (6.)  Such  portions  of  fines,  forfeitures 
and  licenses  wiiich  may  be  realized  by  the  State  as  the  amount 
of  taxes  for  common  school  purposes  bears  to  the  whole  Stafe 
tax  other  than  for  the  benefit  of  the  AgTi cultural  and  Me- 
chanical College. 

§  9.  [  Entire  Annual  Resources — How  Appropriated.) — The  foregoing 
shall  constitute  the  annual  resources  of  the  school  fund  of 
Kentucky,  and  shall  be  paid  into  the  treasury,  and  shall 
not  be  drawn  out  or  appropriated,  except  to  pay  the  expenses 
of  the  State  Department  of  Education  of  whatever  character 
or  kind,  and  in  aid  of  common  schools,  as  provided  in  this 
chapter. 

§  10.  [Use  of  Fund  and  Its  Revenue.] ^ — Except  as  otlierwise  ex- 
pressly provided  in  this  chapter,  no  part  of  the  common  school 
fund,  or  of  the  revenue  thereof,  shall  be  used  for  any  other 
purpose  than  the  payment  of  teachers  of  common  schools, 
legally  qualified  and  employed  in  pursuance  thereof. 

§  11.  [Duty  of  Auditor.] — The  auditor  shall  keep  the  ac- 
counts in  relation  to  this  fund,     lie  shall,  once  in  each  month, 


12  SCHOOL  FUND. 

make  a  ti-ausfer  to  the  credit  of  said  fund  of  all  receipts  into 
the  treasury,  with  the  source  of  each  item,  for  the  benefit 
of  the  common  schools  up  to  the  date  of  such  transfer.  He 
shall  allow  no  expenditures  on  that  account  beyond  the  annual 
revenue  of  the  fund,  and  shall  see  that  no  county  draws  more 
than  its  proper  proportion. 

§  12.  [Distribution  of  Net  Revenue.] — The  net  revenue  of  the 
fund  accruing ,  during  each  school-year  shall  constitute  the 
yum  to  be  distributed.  But  no  fees  to  county  judges  or  clerks, 
discount  on  checks,  or  other  incidental  expenses,  shall  be  paid 
out  of  the  distributable  share  of  the  revenue  apportioned  to 
any  county;  but  such  payment,  w^hen  allowed  by  the  fiscal 
court,  shall  be  made  out  of  the  county  levy. 

§  13.  [Estimate — Pro  Rata  Apportionment. j — The  Superintendent 
of  Public  Instruction  shall,  on  or  before  the  fifteenth  day 
of  July  in  each  year,  ascertain  and  estimate  for  the  school 
year  the  pro  rata  share  to  which  each  pupil  child  will  be  en- 
titled, according  to  the  whole  number  of  such  children  residing 
in  the  county  and  each  school  district,  respectively,  as  shown 
by  the  returns  of  the  county  superintendent.  If,  at  the  time 
of  making  such  estimate  and  apportionment,  the  census  re- 
turns of  the  superintendent  for  any  county  have  not  been 
made  to  him,  he  shall  use  the  census  returns  made  for  the 
previous  year.  It  shall  be  the  duty  of  the  auditor  to  furnish 
the  Sui^erintendent  of  Public  Instruction  such  data  as  may 
be  needed  in  making  such  estimate  and  apportionment.  It 
shall  be  the  duty  of  the  Superintendent  of  Public  Instruc- 
tion, as  soon  as  practicable,  to  file  such  a  copy  of  said  estimate 
and  apportionment  with  the  auditor,  and  to  inform  each 
county  superintendent  of  the  amount  tO'  which  each  school 
district  of  his  county  shall  be  entitled.  Whatever  difference 
may  exist  between  the  estimated  and  the  actual  revenue  of  the 
school  fund  for  any  school-year  shall  be  taken  into  the  ac- 
count of  the  estimate  and  apportionment  for  the  succeeding 
school-year.  If  the  pro  rata  share  of  any  school  be  not  called 
for,  after  the  second  school -year,  it  shall  be  covered  into  the 
treasury,  and  be  placed  to  the  credit  of  the  school  fund  for 
general  apportionment  the  following  school -year.  When  any 
school  district  in  any  school-year  shall  have  failed  to  use  all 
or  any  part  of  the  money  due  it  for  such  school -year,  such 
district  shall  be  entitled  to  said  monev  for  the  next  school- 


SCHOOL  FUND.  13 

Tear,  provided  the  term  of  the  common  school  for  that  year 
^hall  be  extended  for  such  jiropoxtion  of  a  term  as  the  said 
accumuhxted  money  bears  to  the  said  amount  due  said  district 
in  the  year  in  which  said  money  is  paid.  A  detailed  state- 
jnent  of  the  surplus  amount  to  which  each  county  is  en- 
titled shall  be  made  out  by  the  Superintendent  of  Public  In- 
struction, and  filed  and  preserved  in  his  office.  The  bpn_ded 
surplus  in  the  State  treasury  to  the  credit  of  the  counties 
shall  bear  interest  at  the  rate  of  G  per  cent.  i>er  annum,  and 
the  per  capita  derived  from  said  interest  shall  be  duly  ap- 
poi'tioned  to  the  white  and  the  colored  schools  of  the  county 
respectively,  and  be  paid  as  provided  in  the  following  sec- 
tion: Proridvd,  That  when  any  county  heretofore  established 
<mt  of  territory  belonging  to  a  county  or  counties  having  a 
surplus  Avhich  has  not  been  apportioned  among  said  counties, 
and  when  any  new  county  shall  hereafter  be  established 
out  of  territory'  belonging  to  a  county  or  counties  having  such 
a  surplus,  then  the  Superintendent  of  Public  Instruction  shall 
apportion  such  surplus  among  the  original  and  new  counties 
in  an  equitable  manner. 

§  14.  [  Successive  Warrants — Distributing  School  Fund.] — For  each 
school-year  the  Auditor  of  Public  Accounts  shall,  on  the  suc- 
cessive warrants  of  the  Superintendent  of  Public  Instruc- 
tion, distribute  the  amount  of  the  school  fund  due  each  county 
10  its  county  superintendent  of  common  schools,  and  the 
amount  due  each  city,  town  or  village,  organized  as  one  dis- 
trict to  the  treasurer  of  the  school  board  thereof,  as  follows: 
On  or  before  the  first  of  October,  two-fifths  of  the  whole 
amount;  on  or  before  the  first  of  November,  one-fifth  of  the 
Avhole  auKmnt;  on  or  before  the  first  of  December,  one-fifth 
i>f  the  whole  amount,  and  on  or  before  the  first  of  January, 
the  residue,  including  the  undistributed  surplus  and  interest 
•on  the  count V  bond. 


14 


BOAKD    OF  EDUCATION. 


III.     BOARD   OF  EDUCATION. 


§15.  Members,  character,  name  and 
style  of  the  Board  of  Educa- 
xion. 

16.  Power  of  board  in  regard  to  real 

and  personal  estate. 

17.  Chairman  and  quorum  of  board. 

18.  Meetings  of  the  board  only  on 

the  written  calls  of  the  chair- 
man. 

19.  Coipurate  acts. 


20.  Board,    a    standing    committee 

to  prepare  rules,  by-laws  and 
regulations  for  common, 
schools,  and  to  select  and 
recommend  course  of  study, 
books  for  county  and  district 
libraries;  duties  of  county 
superintendents  and  of  trus- 
tees. 

21.  Subjects     of     instruction     pre- 

scribed by  the  board. 


§  15.  [  How  Constituted.  ]  —The  Superintendent  of  Public  In- 
struction, together  with  the  Secretary  of  State  and  Attorney - 
General,  shall  constitute  the  State  Board  of  Education.  The 
board  thus  constituted  shall  be  a  body-politic  and  corporate, 
by  the  name  and  style  of  the  Kentucky  State  Board  of  Edu- 
cation. 

§  16.  [Powers  as  to  Real  and  Personal  Estate — Custodian  of  Evidences.] — 
The  corporation  ma}^  take,  hold  and  dispose  of  real  or  per- 
sonal estate  for  the  benefit  of  the  common  schools  of  the 
State.  The  bonds,  certificates  of  stock,  and  other  evidences 
of  property  held  by  the  board  for  common  school  purposes, 
shall  be  in  the  custody  of  the  chairman,  and  the  place  of  de- 
posit shall  be  shown  by  the  records  of  the  board. 

§  17.  [  Chairman  —  Quorum.  ]— The  Superintendent  of  Public 
Instruction  shall  be  chairman  of  the  board,  and,  with  one 
other  member,  may  control  its  corporate  action  at  any  regular 
or  called  meeting  of  the  board,  of  which  all  the  members  shall 
have  had  timely  notice  in  writing. 

§  18.  [  Meetings -How  Called.]— The  board  shall  meet  ouly  on 
the  written  call  of  the  chairman. 

§  19.  [Corporate  Acts."!— The  corporate  acts  of  the  board  shall 
be  attested  by  the  signature  of  the  chairman,  and  his  private 
seal  shall  stand  in  lieu  of  a  corporate  seal. 


§20.  [Standing  Committee.] —The  State-  Board  of  Education 
shall  constitute  a  standing  committee,  who  shall  pr?par^  rules, 
by-laws  and  regulations  for  the  government  of  the  common 
schools  of  the  State,  which  shall  be  adopted  and  enforced  un- 


BOARD   OF  EDUCATION.  15 

der  the  autliority  and  direction  of  the  county  superintendents, 
trustees  and  teachers;  shall  prescribe  regulations  for  the  man- 
agement of  county  teachers'  libraries,  and  prepare  suitable 
lists  of  books  for  district  libraries  with  regulations  for  the 
management  thereof;  shall  prescribe  and  publish  a  public 
graded  course  of  study  for  the  common  schools,  specifying  the 
order  of  studies,  and  the  time  to  be  allotted  to  each,  which 
course  of  study  shall  be  observed  by  the  teacher  and  enforced 
by  the  trustees. 

§  21.  [Course  of  Study.] — The  instruction  prescribed  by  the 
board  shall  embrace  spelling,  reading,  writing,  arithmetic, 
English  grammar,  English  composition,  geography,  physiology 
and  hygiene,  civil  government,  United  States  history  and  the 
history  of  Kentucky.  After  July  1,  1893,  the  nature  and 
effects  of  alcoholic  drinks  and  narcotics  upon  the  human  sys- 
tem shall,  in  all  schools  supported  wholly  or  in  part  by  the 
State,  be  taught  as  thoroughly  as  other  required  studies  to  all 
pupils  studying  physiology  and  hygiene  as  a  part  of  this 
branch. 


16 


SUPERINTENDENT   OF    PUBLIC   INSTRUCTION, 


IV.     SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


22. 


23. 


24. 
25. 


26. 


27. 


28. 


29. 


30. 


31. 


Official  oath  and  beginning 
of  term  of  office. 

Salary,  supplies  for  office,  and 
numl>er  and  appointment  of 
clerks. 

State  Board  of  Examiners. 

Office  at  seat  of  government; 
entire  time  andj  attention 
must  be  devoted  (to  the  duties 
of  his  office. 

Duties  in  respect  to  all  orders 
drawn,  settlements,  and  all 
changes  in  office  of  county 
superintendents. 

Biennial  report,  when  it  shall 
be  made,  what  it  shall  con- 
tain, and  its  publication  and 
distribution. 

In  report,  objects,  methods  of 
admission,  etc.,  of  State  edu- 
cational charitable  institu- 
tions shall  be  set  forth. 

Evidence  of  certified  copies  of 
records  and  papers  in  his  of- 
fice. 

Official  blanks  and  documents 
with  instructions,  as  provided 
by  law. 

Shall  biennially  edit  school  laws. 


32.  Duty   to   report  to    County   At- 

torney any  neglect  of  duty 
or  misappropriation  of  com- 
mon school  funds  on  tthe 
part  of  any  of  the  schools 
officers. 

33.  Shall  have  published  for  annual 

distribution;  the  general 
school  laws,  abstracts  of  de- 
cisions of  the  Appellate 
Courts  and  of  the  Attorney- 
General,  on  school  law,  etc. 

34.  Official  decisions  on  any  ques- 

tion of  difference  or  doubt  in 
the  interest  of  common 
schools,  and  record  of  deci- 
sions to  be  i>.ept. 

35.  Duty  in  regard  to  any  donation, 

gift,  or  devise  to  common 
school  fund;  duty  of  agent, 
compensation  and  liability  on 
bond;  special  conditions  of 
any  donation,  etc.,  shall  be 
observed. 

36.  On  retiring  from  office,   official 

books,  papers  and  effects 
must  b«  delivered  to  success- 
or; penalty  for  failure. 


§  22.  [Oath— Bond— Beginning^of  Term.] — The  Superintendent  of 
Public  Instruction  shall  take  the  oath,  and  enter  upon  the 
duties  of  his  oiltice,  on  the  first  Monday  in  January  after  his 
election,  and  shall  give  bond  to  the  Commonwealth,  with  good 
security,  for  the  faithful  performance .  of  his  duties,  to  be 
approved  by  the  (xovernor,  with  at  least  twenty-five  thousand 
dollars,  the  bond  to  be  filed  in  the  office  of  the  Secretarv  of 
State. 


§  23.  I  Salary-Office— Supplies— Clerks.]— His  salary  shall  b.e 
two  thousand  five  hundred  dollars  per  annum;  besides  which, 
he  shall  be  entitled  to  all  office  fixtures,  stationery,  books, 
postage,  fuel  and  lights  needed  to  carry  on  the  work  of  his 
office.  He  shall  liave  power  to  appoint  three  clerks,  namely: 
A  chief  clerk,  Avhose  salary  shall  be  fifteen  hundred  dollars 
per  annum,  a  first  clerk,  whose  salary  shall  be  oue  thousand 
dollars  i>er  annum,  and  a  second  clerk,  whose  salary  shall  be 
eight  hundred  and  fifty  dollars  per  annum;  said  salaries  to  be 
j>aid  monthly  out  of  tlie  common  school  fund. 


SUPERINTENDENT  OF   PUBLll^ INSTRUCTION.  1  i 

§  24.  [State  Board  of  Examiners.]  _Tlie  Wuperintendent  of  Pub- 
lic 'lustriu'tioii  shall  ai)i)oiiit  two  professional  educators,  who, 
together  with  himself,  shall  constitute  a  State  Board  of  Exam- 
iners, who  shall  examine  all  applicants,  personally  applying- 
to  them  for  certificates  of  qualifications  as  county  superinten- 
dents, or  for  State  dii)lomas  or  State  certificates.  The  said 
Board  of  Examiners  shall  prei)are  the  series  of  questions  for 
the  exanunation  of  candidates  for  county  superintendents,  as 
provided  in  section  37  of  this  chapter,  and  also  the  different 
iSeries  of  questions  for  the  examination  of  teachers  as 
provided  in  section  133  of  this  chapter,  and  before  forwarding 
to  the  county  superintendents,  shall  submit  all  of  the  said 
series  to  the  State  Board  of  Education  for  tlu^ir  approval. 

§  25.  [Office  and  Work.-| — He  shall  keep  his  office  at  the  seat  of 
government,  in  such  suitable  buildings  as  may  be  provided, 
and  shall  devote  his  entire  time  and  attention  to  the  duties  of 
his  office. 

§  20.     [Accounts — Settlements— Changes    of    County    Superintendent.] — 

He  shall  keep  an  account  of  all  the  orders  drawn  or  counter- 
signed by  him  on  the  auditor;  of  all  the  returns  of  settlements, 
and  of  all  changes  in  the  office  of  county  superintendents, 
which  shall  be  furnished  to  the  auditor  whenever  required. 

§  27.  [Biennial  Report. ]^He  shall,  biennially,  on  or  before 
ihe  meeting  of  the  (Jeneral  Assembly,  make  report  of  the  con- 
ilition,  progress  and  j^rospects  of  the  common  schools;  the 
amount  and  conditicm  of  the  school  fund;  how  its  revenue  for 
ilie  two  previous  school  years  has  been  distributed;  tln^ 
amount  produced  and  disbursed  for  common  school  purposes 
from  local  taxaticm  or  other  sources  and  how  and  for  what 
the  same  was  exp(Mided;an  abstract  of  the  county  superintend- 
(Mit's  rei)orts,  the  ])racticable  workings  of  the  common  school 
system  of  the  State,  with  suggesti(ms  as  to  any  alterations  it 
may  re(iuire;  all  of  which,  together  with  such  other  facts,  sta- 
tistics and  information,  as  may  be  deemed  of  interest  to  be 
kuoAvn,  he  shall  deliver  to  the  contractor  for  the  public  print- 
ing, and  cause  to  be  printed  a  copy  for  each  school  district, 
jnid  for  each  county  and  city  superintendent  of  schools  in  the^ 
H^ate,  seven  hundred  and  fifty  c()i)ies  for  the  use  of  the  mem- 
^herii,  of  the  General   Assembly  and   for  exchange  Avith   the 

[2] 


18  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

Superintendents  of  Public  Instruction  of  other  States,  and 
five  hundred  copies  for  distribution  by  the  superintendent  ac- 
cording to  his  discretion. 

§  28.  [  Educational  Charitable  Institution.  ]  — The  superintend- 
ent, in  his  report,  shall  set  forth  the  objects,  methods  of 
admission,  and  other  general  information  concerning  the  insti- 
tutions for  the  blind,  the  deaf  and  dumb,  and  the  feeble- 
minded; and,  to  aid  him  in  his  work,  the  superintendents  of 
those  institutions  shall  be  required,  annually,  by  the  first  day 
of  September,  to  furnish  the  Superintendent  of  Public 
Instruction  with  such  condensed  statement  of  their  respective^ 
Institutions  as  it  would  be  profitable  to  publish. 

§  29.  [Of  Certified  Copies  of  Records,  Etc.] — Copies  of  records 
and  papers  in  his  office,  certified  by  him,  shall,  in  all  cases,  be 
evidence  equally  with  the  originals. 

§30.  [Blanks — Official  Documents  —  Instructions.] — He  shall  pre- 
pare suitable  blanks  for  reports,  registers,  certificates, 
notices,  and  silch  other  official  documents  as  may  be  provided 
for  in  this  chapter,  and  shall  cause  the  same,  with  such  in- 
structions and  information  as  he  may  deem  necessary  to  a 
proper  understanding  and  use  of  them,  to  be  transmitted  to 
the  officers  and  persons  intrusted  with  the  execution  of  the 
provisions  of  the  school  law. 

§  31.  [Shall  Biennially  Edit  Laws.] —The  Superintendent  of 
Public  Instruction  shall  biennially  collect,  arrange  for  pub- 
lication and  index  the  school  laws,  omitting  all  that  has  been 
repealed,  and  inserting  in  its  proper  place  that  which  is 
amendator;y\ 

§  32.  [Report  Neglect  of  Duty,  Etc.]_It  shall  be  his  duty  to^ 
report  any  neglect  of  duty  or  misappropriations  of  common 
school  funds  on  the  part  of  the  county  superintendents  or 
trustees  of  common  schools  in  this  Commonwealth  to  the 
county  attorney,  whose  duty  it  shall  be,  whenever  such  neg- 
lect of  duty  or  misappropriations  of  funds  shall  come  to  his- 
knowledge,  to  prosecute  such  person  in  the  circuit  court  of  the- 
countv. 


SUPERINTENDENT   OF   PUBLIC   INSTRUCTION.  19 

§  33.  [Publications  for  Annual  Distribution.] —  He  shall  have 
published,  for  annual  distribution  throughout  the  State,  the 
general  school  laws  of  the  State,  abstracts  of  the  decisions  of 
the  appellate  courts  and  of  the  Attorney-General,  on  points 
of  school  law  and  construction  thereof,  decisions,  rules 
and  regulations  of  the  State  Board  of  Education  and  of  the 
State  Board  of  Examiners,  plans  and  specifications  for  buihi- 
mg  schoolhouses;  information  and  instructions  in  regard  to 
application  of  the  school  law  and  the  management  of  the  com- 
mon schools,  important  official  and  legal  periods  of  the  school 
yeai',  with  due  notice  thereof;  and  such  other  important  facts 
and  data  as  may  be  of  interest  to  the  public.     Acts  of  1894. 

§  34.  [Official  Decisions— Appeals— Records.  ] — The  Superintend- 
ent of  Public  Instruction  shall,  at  the  written  request  of 
any  county  superintendent  of  common  schools,  decide  any 
question  of  difference  or  doubt  touching  the  administrative 
duties  of  officers  and  teachers  of  the  common  schools  in  his 
county.  The  decision  of  the  Superintendent  of  Public  In- 
struction shall,  in  such  case,  be  final,  unless  appeal  be  prose- 
cuted from  his  decision  to  the  State  Board  of  Education  with- 
in thirty  days.  Before  rendering  such  opinion,  the  superin- 
tendent may  obtain  the  advice  of  the  Attorney-General,  whose 
opinion,  in  w^riting,  shall  be  conclusive  for  the  time,  and  suffi- 
irient  defense  against  all  parties.  The  decisions  of  the  Super- 
intendent of  Public  Instruction,  and  the  opinion  of  the  Attor- 
ney-General, shall  be  duly  filed  and  duly  recorded  in  a  book 
kept  for  that  purpose. 

i 

^  §  35.  [Duty  in  Case  of  Donation,  Gift  or  Devise.]^ — Whenever 
he  shall  be  informed  that  any  donation,  gift  or  devise  of  any 
real  or  personal  estate  shall  have  been  made  to  the  common 
school  fund  of  Kentucky,  it  shall  be  the  duty  of  the  Super- 
intendent of  Public  Instruction  to  appoint  some  discreet  per- 
son, who  shall  take  charge  of  the  real  or  personal  estate  so 
granted,  devised  or  donated,  and  sell  and  dispose  lOf  the  same, 
f^nd  pay  the  proceeds  into  the  State  treasury.  Before  said 
agent  so  appointed  by  the  Superintendent  of  Public  Instruc- 
tion shall  proceed  to  act,  he  shall  give  a  bond,  with  good 
security,  to  the  Commonwealth,  for  the  faithful  discharge  of 
liis  duties,  as  agent.  Said  bond  shall  be  given  in  the  county 
in  which  the  donor,  grantor  or  devisor  shall  have  died,  or  in 


20  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

The  couiity  iii  Avliicli  the  property  is  situated,  the  bond  to  be 
executed  in,  and  approved  bv,  the  county  court.  The  person 
so  appointed  shall  make  a  settlement  with  tlie  county  court 
of  his  county,  once  in  each  year,  and  shall  pay  into  the 
treasury  the  amount  found  in  his  hands  after  said  settlement. 
The  court  shall  allow  said  person  a  reasonable  compensation 
for  collecting  and  paying  over  said  money,  not  exceeding  ten 
]>er  cent,  on  the  first  five  hundred  dollars,  and  five  per  cent, 
on  the  residue,  which  amount  said  i)erson  shall  retain  in  his 
hands  out  of  the  money  collected.  For  any  failure  of  the 
person  so  appointed  to  discharge  the  duties  under  this  law, 
he  and  his  sureties  shall  be  liable  to  all  damages  sustained, 
and  for  all  money  collected,  with  twenty  per  cent,  damages 
on  the  amount  so  collected,  and  Avhicli  he  has  failed  to  pay 
over.  The  suit  on  the  bond  shall  be  brought  in  the  name  of 
the  Commonwealth  of  Kentucky,  and  shall  be  instituted  by 
the  Commonwealth's  attorney,  or  county  attorney.  The  i)er- 
son  appointed  by  the  Superintendent  of  Public  Instruction 
shall  have  the  same  power  in  collecting  and  settling  the 
estate  as  an  administrator  or  executor  noAV  has  by  law;  may 
institute  and  defend  all  suits  in  reference  to  said  estate,  and 
sell  and  convey  the  real  estate  by  deed.  The  amount  of 
money  paid  into  the  treasury  under  the  provisions  of  this  sec- 
tion shall  remain  there  until  disposed  of  by  laAV,  and  the 
treasurer  and  his  sureties  shall  be  liable  for  the  same  on  his 
official  bond.  This  section  shall  apply  to  all  gifts,  donations 
or  devises  heretofore  or  hereafter  made  to  the  school  fund  of 
Kentucky.  But  the  provisions  of  this  section  shall  not  apply 
1o  cases  where  the  terms  or  conditions  of  the  devises,  gifts 
or  donations  conflict  with  said  provisions;  but,  in  such  cases, 
the  terms  or  conditions  of  the  devise,  grant  or  donation  shall 
be  carried  out  as  intended  by  the  person  making  the  same. 

^  .30.  [Duty  to  Successor.]— Upon  retiring  fi-om  office,  the 
Superintendent  of  Public.  Instruction  shall  deliver  to  his  suc- 
cessor all  books,  papers  and  effects  belonging  to  the  office, 
and,  on  failure  to  do  so,  shall  be  fined  in  a  sum  not  less  than 
one  hundred  nor  more  than  five  hundred  dollars,  to  be  re- 
<overed  by  indictment  in  the  Franklin  Circuit  Court. 


COUNTY   SUPERINTENDENT 


21 


V.      COUNTY  SUPERINTENDENT. 


37.  Moral,    professional,    and    civil 

qualifications. 

38.  Who  ineligible. 

39.  Election;    term   of    office;    resi- 

dence. 

40.  Official        bond — amount,       and 

when  renewed. 

41.  Power  in  regard   to  laying   off, 

altering,  abolishing,  consoli- 
dating and  laying  off  anew 
school  districts;  shall  con- 
demn any  school-house  unfit 
for  occupancy  as  a  common 
school,  and  notify  the  trus- 
tees in  writing;  shall  visit 
at  least  once  a  year  each 
district  school,  keep  due  rec- 
ord of  his  visit,  and  shall  ad- 
vise with  teachers  and  coun- 
sel with  Trustees  concern 
ing  their  respective  duties.. 

42.  Must  prepare  annually,  and  for- 

ward to  Superintendent  of 
Public  Instruction  a  census 
report,  by  school  districts,  of 
all  the  pupil-children  of  his 
county;  shall  be  individually 
responsible  for  any  loss  to 
Teacher  for  any  error  of  his 
own,  in  reporting  said  cen- 
sus; report  based  upon  re- 
ports of  district  Trustees; 
duty  in  absence  of  such  re- 
ports. 

Ao.  Must  take  steps  to, supply  indi- 
gent children  with  text- 
books. 

^44.  Must  furnish  facts  additional 
to  those  expressly  required 
by  law,  when  the  interests 
of  the  common  schools  in- 
dicate  the   necessity  therefor. 

[45.     When        shall       pay     Teachers  | 
amounts    due   them    on    certi-  j 
ficates    of    Trustees    that    the  j 
schools        had        been        duly  | 
taught;       privilege    in      cities 
and    towns    organized    as    one 
district;      President   or  Chair- 
man   of   Board   to   report;    ac- 
countability of  Treasurer   and 
his  securities  in  any  action  by 
School  Board. 


§  46.  Penalty  for  false  reports  of 
number  of  common  schools, 
taught  in  county  greater  than 
actually  taught,  or  of  a  larger 
number  of  pupil-children  than 
are  actually  in  the  county,  or 
otherwise  knowingly  and 
willfully  misstating  any  fact 
or  facts  required  by  law  to 
report. 

47.  Annual   settlement   of  accounts 

with  County  Judge;  a  copy 
to  be  forwarded  to  Superin- 
tendent of  Public  listruc- 
iion;  penalty  for  willful  fail- 
ure. 

48.  Annual    report    of.  statistics    of 

schools  and  of  amount  raised 
locally  and  disbursed  for 
common  school  purposes; 
amount  received  for  official 
compensation  and  expenses ; 
penalty  for  failure. 

49.  Shall   keep   a    detailed     account 

of  all  money  received  and 
distributed  by  him;  a  record 
of  all  official  business,  etc., 
which  shall  be  subject  to  in- 
spection. 

50.  Any  devise,  gift  or  donation,  in 

aid  of  common  schools  in 
county,  to  be  -held  in  trust; 
settlement  to  be  duly  made 
and  copy  sent  to  Superintend- 
ent of  Public  Instruction. 

51.  May    administer    oath    required 

of  a  Trustee  or  of  a  Teacher 
of  common  schools,  or  of 
other  persons  in  matters  re- 
lating thereto. 

52.  Oath    to   Trustees   elect;      shall 

make  record  of  trustees  quali- 
fied, and  of  district  and  post- 
office  of  each;  deliver  blanks 
and  needed  information;  t  r  & 
of  notice  to  Trustees. 

53.  Duty  as  to  attendance  at  office 

to  receive  reports  from  Trus- 
tees and  to  transact  other  of- 
ficial  business. 


22 


COUNTY  SUPERINTENDENT. 


V.    COUNTY  SUPERINTENDENT— Coiitititted. 


§  54.  Penalty  for  buying  for  himself 
or  for  another,  directly  or  in- 
directly, any  Teacher's  cjlaim, 
or  for  acting  as  agent  for  the 
sale  of  any  text-book. 

55.  When  authorized  to  suspend  or 

remove  any  Teacher  or  Trus- 
tee from  office;  exception  in' 
cities  and  towns  organized  as 
one  district. 

56.  Shall  decide  all  questions  of  dif- 

ference or  doubt  having  refer- 
ence to  interests  of  common 
schools  in  his  county;  appeals 
may  be  had  to  Superintendent 
of  Public  Instrucion;  shall 
conform  to  reasonable  rules 
and  Tequirements  of  Superin- 
tendent of  Public  Instruction. 


57.  Salary  for  all  services  rendered 

and  expenses  incurred;  con- 
ditions, salary,  how  paid; 
shall  state  full  amount  in  re- 
port to  Superintendent  of 
Public  Instruction;  fiscal 
court  shall  furnish  office. 

58.  In   event   of   vacancy  in    office, 

appointment  of  successor  duly 
qualified,  by  County  Judge 
until  next  annual  election; 
when  and  for  what,  County 
Court  competent  'to  remove 
County  Superintendent;  ap- 
peals may  be  taken. 

59.  Shall   deliver   money,   property, 

books,  effects,  and  papers,  to 
successor,  or  to  County 
Court  Clerk,  for  him;  penalty 
for  failure. 


§  37.  [Qualifications  —  Certificate.  ] — There  shall  be  a  county 
superintendent  of  common  schools  in  each  of  the  counties 
of  the  State,  who  shall  be  possessed  of  good  moral  char- 
acter and  of  ability  to  manage  the  common  school  interests 
of  the  county  efficiently.  He  shall  possess  a  good  English 
education,  and  shall  be  competent  to  examine  the  teachers 
who  shall  apply  to  teach  the  common  schools  in  the  county. 
He  shall  be  twenty-four  years  old  at  the  time  of  qualifying, 
a  citizen  of  Kentucky,  shall  have  resided  two  years  next  pre- 
ceding the  election  in  this  State,  and  one  year  in  the  county 
for  which  he  is  a  candidate.  No  person  shall  be  eligible  to 
the  office  tof  county  superintendent  unless  he  shall  hold  from 
the  State  Board  of  Examiners  a  State  diploma  or  a  State 
certificate,  which  will  not  expire  during  his  i)roposed  term  of 
office,  or  a  certificate  of  qualification  of  the  grade  of  a  county 
certificate  of  the  first  class,  w^liich  may  be  granted  on  an  ex- 
amination held  before  said  board,  or  upon  a  written  examina- 
tion held  by  a  special  county  board,  composed  of  the  county 
judge,  county  clerk  and  competent  person  selected  by  them, 
upon  a  series  of  questions  for  each  examination  prepared  and 
forv\^arded  under  seal  by  the  State  Board  of  Examiners.  The 
State  Board  of  Examiners  shall  enclose  the  questions  upon 
each  subject  in  a  separate  enyelope,  with  the  name  of  the 
subject  printed  or  written  thereon;  shall  securely  seal  the 
envelope  containing  the  said  questions  and  enclose  them  in 


COUNTY  SUPERINTENDENT.  23 

a  package,  which  shall  be  sealed  and  forwarded  by  registered 
mail  to  the  county  clerk,  and  shall  be  kept  under  seal  by  him 
till  the  hour  of  examination;  and  the  seal  shall  then  be  inspect- 
ed by  the  other  examiners  and  the  applicants  for  certificates, 
and  be  duly  opened  in  their  presence.  In  case  of  sickness  or 
other  disability  of  either  the  count}^  judge  or  county  clerk,  his 
duties  herein  prescribed  shall  devolve  upon  and  be  performed 
by  the  county  attorne}'.  The  examination  shall  be  lieldin 
every  county  on  the  last  Friday  in  eTuly  and  August  next  pre- 
ceding the  election  of  county. superintendents,  and  the  exami- 
nation may  be  continued  during  the  following  Saturday  by  ex- 
aminers, if  deemed  necessarj-,  and  the  written  answers 
of  each  examination  shall  immediately  be  forwarded  by 
the  county  judge  or  county  clerk,  by  registered  mail  to  the 
State  Board  of  Examiners,  together  with  a  fee  of  tAvo  dollars, 
which  shall  be  paid  to  the  two  examiners,  and  the  sworn  state- 
ments of  the  county  judge,  county  clerk,  and  the  person  se- 
lected by  them,  that  the  examination  had  been  conducted  in 
their  presence  in  strict  accordance  with  the  provisions  of 
this  section,  and  that  no  applicant  had,  directly  or  indirectly, 
received  assistance.  The  State  Board  of  Examiners  may, 
if  they  deem  the  answers  sufficient,  grant  a  certificate,  and  if 
they  refuse,  it  shall  notify  the  county  clerk,  and  no  certificate 
can  then  be  granted  said  applicant  for  the  election  then  pend- 
ing. The  said  certificate  shall  not  entitle  the  holder  thereof 
to  teach  in  the  common  schools.  A  county  superintendent, 
Avho  has  once  obtained  a  certificate  of  qualification  in  pursu- 
ance of  this  section,  shall  not  be  required  to  obtain  another 
certificate  as  a  condition  of  eligibility  for  re-election,  if  he  has 
been  continuously  in  office  since  his  election.  The  members 
of  the  special  county  board  shall  receive  for  their  services 
a  reasonable  compensation,  to  be  allowed  by  the  fiscal  court. 
In  counties  embracing  any  city  of  the  first  class,  maintain- 
ing a  system  of  public  schools  separate  and  distinct  from 
the  common  schools  of  the  county,  no  person  shall  be  eligible 
to  the  office  of  county  superintendent  other  than  a  resident  of 
such  county,  outside  of  such  city  or  town.     Arts  of  1894. 

§  38.  [Who  Ineligible  ]—Xo  county  judge,  justice  of  the 
peace,  circuit  clerk,  county  clerk,  county  attorney,  county 
surveyor,    sheriff,    coroner,    assessor,    trustee   of   a    common 

Kchool  district,  or  teacher  while  engaged  in  teaching,  shall 
old  the  office  of  county  superintendent. 


24  COUNTY  SUPERINTENDENT. 

§  39.  [Election— Term  of  Office.] — The  county  superintendent 
shall  be  elected  by  the  qualified  Aoters  of  each  county  at  the 
November  election  in  1893;  shall  enter  upon  the  discharge 
of  the  duties  of  his  office  on  the  second  Monday  in  August, 
1894,  and  continue  in  office  until  the  first  Monday  in  January,. 
1898,  and  until  the  election  and  qualification  of  his  successor. 
And  in  18i97,  and  every  four  years  thereafter,  there  sliall  be 
in  each  county  an  election  of  a  county  superintendent,  who 
shall  hold  his  office  four  years  from  the  first  Monday  in 
January  following  his  election,  or  until  the  election  and  qual- 
ification of  his  successor.  The  county  superintendent  shall 
be  elected,  and  the  vote  canvassed  and  the  result  certified 
by  the  same  officers,  and  in  the  same  manner,  as  in  the  elec- 
tion ,of  other  county  oflicers;  and  within  ten  days  after  the 
election  the  clerk  of  the  county  couit  shall  forward  a  copy 
of  the  certificate  of  election  to  the  Superintendent  of  Public 
Instruction.  All  county  superintendents  in  office  at  the  time 
of  the  ]Sovember  election,  1893,  shall  continue  in  office  until 
the  second  Monday  in  August,  1891,  or  until  their  successors 
are  elected  and  qualified.  In  cases  of  controverted  right  to 
the  office  of  county  supeilntendent,  the  Superintendent  of 
Public  Instruction  shall  ha^e  power  to  recognize  a  super- 
intendent from  among  the  contestants  until  the  case  has  been 
settled.  Provided,  That  in  counties  contiiining  a  city  of  the 
first  class  maintaining  a  system  of  public  schools  separate 
and  distinct  from  the  common  schools  of  the  county,  the 
county  superintendent  shall  reside  in  the  portion  of  the 
county  outside  of  such  city,  and  be  elected  by  the  qualified 
voters  of  said  county  residing  outside  of  such  city. 

§40.  [Official  Bond.] — Before  entering  upon  thediscliarge 
of  his  duties,  each  county  superintendent  must  enter  into  a 
covenant  before  the  county  court  of  the  county,  to  the  Com- 
monwealth of  Kentucky,  Avith  sufficient  security,  in  not  less 
than  the  full  amount  of  the  scho(d  fund  that  may  be  due  the 
county  from  all  sources  for  that  entire  school  year,  to  be  ap- 
proved by  the  court,  for  the  faithful  discharge  of  his  duties, 
and  the  said  bond  shall  be  renewed  each  year. 

§  41.    [  Power    over    Districts— Unfit    ScliooI=Houses— Official    Visits.]— 

The    county    superintendent    shall    have    power,    previous 
to  the  first  day  of  April   of  each  year,  to  lay  off,  abolish 


COUNTY   SUPERINTENDENT.  25 

or  consolidate  districts,  and,  if  necessary,  may  lay  oft*  anew 
the  districts  tlirongliout  tlie  conuty.  lie  shall  condemn  any 
school  house  *  which  is  dilapidated,  unhealthy,  or  otherwise 
unfit  to  be  occupied  for  the  purpose  of  a  common  school,  and 
any  fence  or  other  inclosure  of  a  schoolhouse,  when  such  in- 
elosure  is  for  any  reason  insufficient  for  the  protection  of  the 
liouse  or  ground.  He  shall  condemn  all  school  furniture  or 
apparatus,  insufficient  in  (]uantity  or  not  of  the  requiredr char- 
acter, and  order  the  same  replaced  with  the  proix^r  furniture 
or  apparatus  as  prescribed  in  section  78.  He  shall,  within 
thirty  days  after  any  such  condemnation,  notify  the  trustees 
in  writing.  He  shall,  at  least  once  a  year,  make  an  official 
visit  to  each  district  school  of  his  county,  but  shall  not  make 
more  than  three  such  official  visits  in  any  one  day.  At  the 
time  of  such  visit  he  sliall  note  in  a  book,  to  be  kept  for  that 
})urp()se,  the  number  of  ])upils  in  attendance;  the  number  ab- 
sent, and  tlie  cause  of  absence;  the  names  of  children  unable 
to  purchase  books;  tJie  condition  of  the  scliool  house,  furni- 
ture, apparatus,  grounds  and  appui*tenances;  the  qualifica- 
tion and  efficiency  of  the  teacher;  the  conduct  and  standing 
of  the  pupils;  the  metaod  of  instruction,  the  discipline  and 
government  of  the  school.  In  the  visits  to  the  school  he 
shall  advise  with  the  teachers  and  give  them  such  instruc- 
tion regarding  discipline  and  teaching  as  he  may  deem  neces- 
sary. He  shall  counsel  the  trustees  and  see  that  they  dis- 
charge their  duties,  especially  in  securing  full  and  regular 
attendance.  He  shall  admonish  the  teacher  found  remiss 
of  duty  in  the  nuitter  of  cleanliness  of  house,  preservation  of 
furniture  and  necessary  ventilation,  and  complain  to  the  trus- 
tees in  cases  of  gross  neglect  of  duty  in  these  respects.  He 
shall  examine  the  teacher's  register  and  grade  book,  and 
the  trustees'  register;  if  the  bounda  ry  of  the  district  is  not 
correctly  given,  he  shall  write  it  in  said  book  himself,  see 
that  the  records  are  ])ro])erly  kept,  and  tlie  boundary  of  the 
district,  the  contract  with  the  teacher,  the  levy  of  a  tax,  if 
any,  and  the  official  visits  and  ])roceedings  of  the  trustees  are 
properly  recorded,  and  by  every  means  in  his  power  strive 
to  promote  and  advance  tlie  cause  of  common  schools. 

§  42.  [  Census  Report  —  Responsibility  for  Errors.  ] — It  shall  be 
the  duty  of  each  county  superintendent,  on  or  before  the  first 
day  of  June  of  each  year,  to  prepare,  mail  to,  and  cause  to 


*See  division  V. 


26  COUNTY  SUPERINTENDENT. 

be  placed  in  the  hands  of  the  Superintendent  of  Public  In- 
struction a  report,  certified  by  the  county  judge  or  clerk  that 
the  report  is  a  correct  statement,  as  shown  from  the  census 
on  file  in  the  office  of  the  clerk  of  the  county  court,  shiowing 
the  whole  number  of  children,  between  the  ages  of  six  and 
twenty  years  residing  in  his  county,  and  the  whole  number 
residing  in  each  district,  including  each  city  and  each  in- 
dependent district,  described  by  its  number;  and  he  shall  be 
individually  responsible  to  the  teacher  or  the  district  for  any 
loss  sustained  by  said  teacher  or  district  by  reason  of  any 
^rror  made  by  the  said  superintendent  in  reporting  the  census 
thereof.  He  shall  superintend  the  census  taken  during  the 
month  of  April  by  the  trustees,  and  not  later  than  the 
twentieth  of  March  of  each  year,  shall  notify  the  chairman 
of  the  board  ,of  trustees  that  the  boundaries  of  the  district 
are  as  recorded  for  the  past  year  in  the  trustees'  register;  or, 
if  any  changes  have  been  made,  shall  give  to  the  chairman 
«xact  notice  of  such  changes,  and,  in  due  time,  see  that  the 
said  changes  are  included  in  the  description  of  the  boundary 
entered  in  the  trustees'  register.  At  the  time  of  such  notice, 
he  shall  give  the  said  chairman  printed  or  written  instruc- 
tions for  taking  the  census;  ca^ution  him  against  reporting 
persons  not  legally  belonging  thereto,  and  calling  his  atten- 
tion to  section  85.  He  shall  base  his  report  upon  the  census 
taken  during  the  month  of  April,  and  reports  thereof  made 
to  him  by  the  district  trustees.  If  such  reports  are  not  in 
from  any  district  by  the  tenth  of  May,  the  county  superintend- 
ent shall  take,  or  have  the  census  of  such  district  taken, 
the  cost  of  which  shall  be  paid  out  of  the  county  levy,  and 
the  fiscal  court  may  recover  from  the  delinquent  trustees  the 
amount  so  paid. 

§  43.  [Text  Books  for  Indigent  Children.  ] —It  shall  be  the  duty 
of  each  county  superintendent,  before  the  opening  of  the 
schools  each  year,  and  from  time  to  time,  by  personal  observa- 
tion or  from  trustees  and  teachers  and  otherwise,  to  ascer- 
tain the  number  and  cost  of  text-books  upon  each  of  the  com- 
mon school  branches  needed  by  the  indigent  children  of  each 
district  and  of  the  county  for  use  in  the  common  schools, 
and  shall  report  to  the  county  judge  the  number  and  kind  of 
books  needed,  when  the  county  judge  shall  purchase  the 
books  and  pay  for  them  by  an  allowance  made  by  the  fiscal 
court  of  the  county;  the  county  judge  shall  turn  them  over 


COUNTY    SUPERINTENDENT.  27 

to  the  county  superiutendent  for  distribution,  taking  receipt 
for  the  number  and  value  of  the  books,  but  the  cost  of  said 
books  shall  not  exceed  in  the  aggregate  one  hundred  dollars 
in  any  county  per  annum.  It  is  hereby  made  the  special  duty 
of  the  county  and  city  school  superintendent  of  common 
schools  to  report  to  the  county  judge  the  names  of  all  such 
indigent  children  furnished  them  by  trustees,  and  to  see  that 
the  provisions  of  this  section  are  faithfully  executed. 

§  44.  [  Additional  Facts  to  be  Reported.] — County  superintend- 
ents and  trustees  of  common  schools  shall  report  facts  ad- 
ditional to  those  now  required  to  be  reported,  whenever,  in 
the  judgment  of  the  board  or  of  the  Superintendent  of  Public 
Instruction,  the  interests  of  the  common  schools  of  the  State 
shall  indicate  the  necessity  therefor. 

§  45.  [  Payment  of  Teachers.  ]  — Each  county  superintendent 
of  common  schools  shall,  on  the  second  Saturday  in  October, 
reckoning  school  months  of  twenty  days,  pay  the  amount  due 
each  teacher  of  a  common  school  for  the  month  or  months 
C'ompleted,  but  not  for  any  fraction  of  a  month,  except  as 
provided  in  section  135,  on  the  certificate  of  the  board  of 
trustees  for  the  district  that  the  schiool  has  been  legally 
taught  for  that  period;  and  thereafter  the  county  superintend- 
ent shall,  on  the  second  Saturday  of  each  calendar  month, 
pay  the  salary  due  each  teacher  of  a  common  school,  for  the 
previous  schiool  month  or  months  not  previously  paid  for,  on 
the  certificate  of  the  chairman  of  the  board  of  trustees  for 
the  district  that  the  school  has  been  legally  taught  for  the 
period  specified :  Provided,  That  all  of  said  payments  shall  be 
made  to  the  teacher  personalh^  or  on  written  order,  and  at 
the  last  payment  shall  be  for  the  entire  balance  due  the 
teacher,  including  the  undistributed  surplus  and  interest  on 
the  county  bond;  and  that  any  teacher  who  may  violate  his 
<*ontract  with  the  trustees  by  refusing  to  continue  his  school, 
shall  forfeit  any  fractional  salary  that  may  be  due  him.  In 
cities  and  towns  organized  as  single  districts,  and  reporting 
direct  to  the  Superintendent  of  Public  Instruction,  the  pro- 
visions of  this  section  shall  equally  apply,  or  such  city  or 
town  may  receive  in  January  the  whole  amount  due  it  if  it 
shall  S(0  desire.  In  either  case  the  president  or  chairman  of 
the  school  board  of  such  cities  or  towns  shall  make  the  report 
required  of  them  by  this  law,  under  oath,  direct  to  the  Super- 


28  COUNTY  SUJP^ERINTENDENT. 

iiitendeiit  of  Public  Instruction,  aud  lie  shall  draw  his  war- 
rant on  the  Auditor  of  Public  Accounts  in  favor  of  the  treas-^ 
urer  of  such  school  board,  which,  when  approved  and  counter- 
sij»iied  by  the  Superintendent  of  Public  Instruction  shall  enti- 
tle such  treasurer  to  a  warrant  on  f he  treasury  of  the  State 
for  the  amount  thereof,  and  the  said  treasurer  and  securities 
shall  be  accountable  for  the  same  upon  his  official  bond  in 
any  action  by  such  school  board  of  which  the  Superintendent 
of  Public  Instruction  shall  be  officially  notified. 

§  46.      [Penalty    for    Fraudulent    Report    of    Common    Schools.] — Anv 

county  superintendent  who  shall  knowin<>ly  and  will- 
fully report  to  the  Superintendent  of  Public  Instruction  a 
number  of  common  schools  as  havinj»"  been  taught  in  his 
county  oreater  than  the  number  of  such  schools  actually 
tauj>ht  therein  according  to  hnv,  or  a  number  of  children  en- 
titled to  tuition  in  his  county  greater  than  the  actual  number 
of  such  children,  or  otherwise  knowingly  and  willfully  mis- 
states any  fact  or  facts  which  he  is  or  may  be  hereafter  re- 
quired by  hnv  to  report  to  the  Superintendent  of  Public  In- 
struction, shall  be  deemed  guilty  of  a  felony,  and,  upon  con- 
viction thereof,  be  fined  in  a  sum  not  less  than  two  hundred 
nor  more  than  five  hundred  dollars,  or  imprisoned  in  the 
penitentiary  not  less  than  one  nor  more  than  ten  years,  or 
both  fined  and  imprisoned,  in  the  discretion  of  the  jury,  and 
be  removed  from  office.  And  all  sums  recovered  from  him  by 
due  process  of  law,  or  by  voluntary  surrender  of  the  excess 
taken  by  him,  shall  be  paid  into  the  school  fund.  [Acts  of 
1894.] 

§47.  [Annual  Settlement.]  —Each  countv  superintendent 
shall,  on  or  before  the  first  day  of  August,  annually,  settle 
his  accounts  for  the  previous  school  year  with  the  county 
judge  of  his  county,  and  forward  a  copy  of  said  settlement, 
eei-tified  by  the  clerk  of  said  court  to  be  correct,  to  the  Supf^r- 
mtendent  of  Public  Instruction.  Said  settlement  shall  em-  > 
brace  all  sums  received  since  the  date  of  his  last  settlement 
by  said  county  superintendent  for  the  benefit  of  common 
schools  taught  during  the  school  year;  a  full  statement  of  all 
such  sums  paid  out  by  him,  for  what,  to  whom,  and  when  paid; 
and  should  any  part  of  said  fund  received  bv  him,  as  afore- 
«said,  remain  uncalled  for,  and  not  be  paid  out,  he  shall  imme- 
diately refund  said  amf)unt  to  the  State  treasurer,  stating 


COUNTY  vSUPERINTENDENT.  29 

why  it  was  not,  for  and  to  what  district  it  belongs,  and  at  the 
isame  time  notify  the  Superintendent  of  Public  Instruction 
that  he  has  refunded  the  said  amount,  that  he  may  give  said 
<!ounty  superintendent  proper  credit  on  his  books  for  said 
amount  refunded.  The  receipt  of  the  auditor  for  money  re- 
funded shall  be  a  sufficient  voucher  with  the  county  Judge 
in  said  settlement.  Should  the  copy  of  such  settlement  fail 
to  reach  the  Superintendent  of  Public  Instniction  by~the 
tenth  day  of  that  month,  it  shall  be  his  duty  to  notify  the 
<ounty  judge  and  the  delinquent  county  superintendent  of 
the  fact;  and  upon  receiving  such  notification,  it  shall  be  the 
duty  of  the  judge,  in  case  the  settlement  shall  not  have  been 
made,  immediately  to  compel  a  settlement  by  attachment,  as 
in  cases  of  contempt,  and  a  copy  thereof  to  be  forwarded  to 
the  Superintendent  of  Public  Instruction.  For  his  willful 
failure  to  pay  out  to  those  entitled  thereto  any  money  in  his 
hands  for  the  space  of  tliii-t}^  days  after  the  same  shall  be  re- 
ceived by  him,  or  for  his  willful  failure  to  make  the  aforesaid 
settlement  by  the  time  required  by  hiAV,  the  county  super- 
intendent shall  be  guilty  of  misdemeanor,  and  being  indicted 
and  convicted  thereof,  he  shall  be  fined  in  a  sum  not  less  than 
<me  hundred  nor  more  than  Hxe  hundred  dollars,  as  Avell  as 
remain  liable  on  liis  official  bond,  and  be  removed  from  office. 

§  48.  Annual    Report — Penalty    for    Failure.  ]  — He    shall,  pre- 

viously to  the  first  of  September,  prepare  and  mail,  and  cause 
To  be  placed  in  the  hands  of  the  Superintendent  of  Public  In- 
struction, liis  official  report,  shoAving  in  tables  of  details  and 
aggregates,  the  school  districts  of  his  county  by  number;  tlie 
names  and  address  of  trustees  of  each  district,  Avith  date  at 
wliich  each  (me's  term  ex])ires;  the  districts  in  Avliich  scliools 
Avere  taught,  and  the  length  of  time  taught;  the  highest, 
loAA'est  and  average  number  of  children  at  school;  the  cost  of 
tuition  of  (^ich  child  f(U*  the  session  and  ])er  numth;  the  num- 
ber of  private  schools,  academies  and  colleges  taught  in  the 
county,  and  length  of  session  of  tlie  same,  the  number  of 
teacliers  employed — male,  female  and  total — for  the  common 
scliools;  the  average  Avages  of  male  teachers,  female  teachers, 
and  of  total  teachers  ])er  month;  the  name  and  address  of 
teachers  resident  in  his  county,  Avith  grades  of  certificate  of 
each;  the  amount  of  money  raised  for  common  scliool  pur- 
poses in  the  county,  by  local  tax  ,or  otherwise,  and  for  AVliat 
the  same  Avas  disbursed:  the  number  and  kind  of  schoolhouses 


30  COUNTY  SUPERINTENDENT. 

and  the  value  of  each,  the  number  of  schoolhouses^ 
built,  and  the  value  of  each;  the  number  of  district  libraries;, 
also  county  library,  if  any,  and  number  of  volumes  in  each, 
and  the  increase  during  the  year;  the  amount  he  has  received 
for  official  compensation  and  expenses.  For  willful  failure 
to  be  present  at  his  office  at  the  time  appointed  to  receive  re^ 
ports,  or  for  failing  to  make  the  reports  herein  required,  he 
shall  be  fined  a  sum  not  exceeding  fifty  dollars. 

§  49.  [  Official  Riecord.  ^ — Each  county  superintendent  shall 
keep  a  detailed  account  of  all  money  received  and  distributed 
by  him;  a  record  of  all  business  transacted  by  him  as  county 
superintendent,  togetlier  with  the  reports  of  the  trustees;  the 
names,  numbers  and  description  of  school  districts,  and  all 
other  papers  and  documents  connected  with  his  office,  at  all 
times  subject  to  inspection  and  examination  by  any  school 
officer  or  other  person  interested  in  any  question  pertaining 
to  the  comm.on  schools. 

§  50.  [  Devise,  Gift  or  Donation.  ]— Any  devise,  gift  or  dona- 
tion of  any  real  or  personal  estate  in  aid  of  the  common 
schools  of  any  county  of  this  State,  shall  be  held  in  trust  by 
the  county  superintendent,  and  he  shall  be  required  to  make 
settlement  in  regard  thereto,  in  the  same  manner  in  which, 
and  at  the  time  when,  he  makes  settlement  in  regard  to  the 
moneys  received  from  the  revenue  of  the  school  fund;  and  he 
shall  send  a  copy  of  such  settlement  to  the  Superintendent  of 
Public  Instruction. 

§  51.  [  May  Administer  Oath.] — A  county  superintendent  may 
administer  the  oath  required  of  a  trustee  or  of  a  teacher  of 
common  schools,  or  other  persons  required  to  make  oath  in 
matters  relating  thereto. 

§  52.  [Oath  to  Trustees  —  Record  of  —  Blanks  —  Off icial  Notices.]  — 
He  shall  administer  the  oath  of  office  to  trustees-elect  apply- 
ing to  him  for  that  purpose;  but  it  shall  be  lawful  for  any 
justice  ,of  the  peace,  or  other  person  authorized  to  administer 
oaths,  to  administer  the  oath  of  office  to  any  trustee;  but  said 
oath  shall  not  be  valid  unless  reported  in  writing  to  the 
county  superintendent  by  said  justice  or  other  person,  within 
ten  days  from  the  time  when  administered.  He  shall  make  a 
record  of  the  names  of  trustees  then  qualified,  showing  the 


COUNTY  SUPERINTENDENT.  31 

districts  in  which  they  were  elected,  and  the  postoffice  of  each. 
He  shall,  at  the  time,  deliver  to  the  trustees  of  each  district 
such  blanks  as  they  will  need  for  the  coming  school-year,  and 
give  such  information  with  regard  to  their  duties  as  may  be 
requested.  He  shall  address  all  official  correspondence  to  the 
trustees.  Notice  to  them  shall  be  regarded  as  notice  to  the  peo- 
ple of  the  district,  and  it  shall  be  the  duty  of  the  trustee  ta 
notify  the  people. 

§  53.  [Attendance  at  0«ice.]_lt  shall  be  the  duty  of  the 
county  superintendent  to  be  in  attendance  at  his  office,  at  the 
county  seat,  on  the  second  Saturday  of  each  month,  and  at 
such  other  times  as  may  be  necessar}-  to  transact  his  official 
business. 

§  54.  [  Penalty  for  Buying  Teacher's  Claim  or  Acting  as  Text  =  Book 
Agent.]— No  county  superintendent  shall  be  allowed  to  buy,, 
for  himself  or  another,  any  teacher's  claim,  directly  or  indi- 
rectly, or  to  act  as  agent  for  the  sale  of  any  text-book.  Any 
superintendent  guilty  of  violating  this  section  shall  be  fined 
not  less  than  one  hundred  nor  more  than  one  thousand  dollars 
for  each  offense. 

§  55.      [  May   Suspend   or   Remove  Teacher    or    Trustee— Condition.  ] — 

For  incompetency,  neglect  of  duty,  immoral  conduct,  or  other 
disqualification,  the  county  superintendent  may  suspend  or 
remove  from  office  any  trustee  or  teacher  of  any  school  under 
his  supervision.  But  before  a  county  superintendent  shall 
suspend  any  trustee  or  teacher,  he  shall  give  said  trustee  or 
teacher  at  least  five  days'  notice  of  the  charges  made  against 
him,  and  give  the  trustee  or  teacher  an  opportunity  to  produce 
evidence  and  defend  anv  action  against  him. 


■-J:^' 


§  56.  [  Official  Decisions  —  Appeals  —  Relations  to  Superintendent  of 
Public  Instruction.  ]— The  county  superintendent  shall  decide 
all  questions  of  difference  or  doubt  touching  the  ad- 
ministrative duties  of  the  officers  and  teachers  of  common 
schools  in  his  county;  but  appeals  from  his  acts  and  decisions 
may  be  had,  on  petition  of  any  interested  person,  to  the  Su- 
perintendent of  Public  Instruction.  The  county  superintend- 
ents shall  conform  to  such  reasonable  rules  and  require- 
ments as  the  Superintendent  of  Public  Instruction  shall,  from 
time  to  time,  prescribe  and  announce  to  them. 


32  COUNTY  SUPERINTENDENT. 

§  57.      [Compensation    for  Services.] For  all  the  services  iren- 

derecl  and  tlie  expenses  inenrred  by  the  county  superintendent 
under  the  provisions  of  this  law,  he  shall  be  allowed  a  salary 
annually  by  tlie  fiscal  court  of  his  county,  based  on  the  num- 
ber of  children  reported  in  the  census  report  of  the  district 
trustees  of  such  county;  Avhich  salary  shall  not  be  less  than 
eight  cents  nor  more  than  twenty  cents  for  each  pupil  child 
tlms  reported,  l^efore  tlie  court  shall  allow  the  salary,  it 
.shall  be  satistied,  frcmi  the  statement  subscribed  and  sworn 
to  by  the  superintendent,  and  from  such  other  evidence  as 
may  be  adduced,  that  he  has  visited  the  schools  of  the  county, 
and  that  the  said  services  have  been  faithfully  and  efficiently 
performed  according  to  law.  Said  salary  shall  be  paid  out 
of  the  county  levy  as  the  salary  of  the  county  judge  is  now 
])aid;  and,  in  his  report  to  the  Superintendent  of  Public  In- 
structio7i,  he  shall  state  the  full  anumnt  allowed  him  by  the 
fiscal  court  for  his  official  services:  Prondvd,  hotrnrr^  That 
no  salary  shall  be  less  than  |250  nor  greater  than  |l,r>()(K  In 
fixing  the  salary  of  the  said  superintendent,  no  child  shall  be 
counted  or  enumerated  who  is  under  a  city  school  sui)erin- 
tendent  of  a  city  of  the  first,  second,  third  or  fourth  class. 
The  fiscal  court  shall  furnish  the  county  superintendent  with 
a  suitable  office,  free  of  charge,  large  enough  to  accommodate 
the  county  teachers'  library.     [Acts  of  1894.] 

§  58.  [How  Vacancy  in  Office  is  to  be  Supplied — Removal  From — 
Appeals  ]^Iu  case  of  the  death,  removal  or  resignation, 
refusal  to  serve,  or  inability  of  the  county  superintendent 
elected  to  give  the  bond  required  or  to  perform  the  duties  of 
The  office,  a  successor  shall  be  appointed  or  elected  as  folloAVs: 
If  the  unex])ired  term  will  end  at  the  next  succeeding  annual 
election,  or,  if  the  unexpired  term  will  not  end  at  the  next  suc- 
ceeding annual  election,  and  three  months  intervene  before 
said  annual  election,  the  county  judge  of  each  county  is 
^luthxu'ized  to  a])point  a  successor,  duly  (pialified  acc(n*ding  to 
section  37  of  this  law,  to  continue  in  office  until  the  next  suc- 
ceeding annual  election,  Avhen  one  shall  be  elected  for  t\w 
unex])ire(l  term.  If  the  unex])ired  term  does  not  end  at  tin* 
next  succeeding  annual  election,  and  three  months  does- not 
intervene  between  the  happening  of  said  va'cancy  and  the  next 
succeeding  annual  election,  the  county  judge  shall  ai)i)()iut  a 
successor  of  said  qualifications  to  continue  in  office  until  the 
second  succeeding  annual  election  when  one  shall  be  elected 


COUNTY  SUPERINTENIXEN'^.  ^-      '       \  33 

for  the  unexpired  term.  In  case  of  a  va^s&cy  in  this  office  the 
county  judge  shall,  as  soon  as  practicable,  notify  the  Superin- 
tendent of  Public  Instruction,  and  request  him  to  appoint  a 
day  and  furnish  questions  for  an  examination  to  fill  said 
vacancy;  and  the  said  examination  shall  be  conducted  in  a 
manner  prescribed  by  law.  The  county  court  may,  at  any  reg- 
ular term,  after  ten  days'  notice,  remove  a  county  superintend- 
ent for  inability,  or  habitual  neglect  of  duty,  or  malfeasance 
in  office.  An  appeal  to  the  circuit  court  may  be  taken  from  the 
order  of  the  county  court  removing  the  superintendent,  and 
from  the  circuit  court  to  the  Court  of  Appeals,  as  in  civil 
actions.     [Acts  of  1894.] 

§  59.  [  Duty  to  Successor.  ]  — Each  county  superintendent, 
when  he  resigns,  vacates,  is  removed  or  goes  out  of  lOffice,  shall 
immediately  thereafter  deliver  to  his  successor  or  to  the 
county  court  clerk  for  him,  any  money,  property,  books,  effects 
or  papers  remaining  in  his  hands  as  county  superintendent, 
and  within  ten  days  shall  settle  with  the  county  court,  and 
for  a  failure  to  do  so  shall  be  fined  not  less  than  fifty  dollars 
nor  more  than  one  hundred  dollars.     [Acts  of  1894.] 


34 


COUNTY  BOARD  OF  EXAMINERS. 


VI.  COUNTY  BOARD  OF  EXAMINERS. 


§  60. 


61. 


62. 


Members— character  and  quali- 
fications; the  appointees  must 
file  oath  in  the  oflice  of  County 
Clerk. 

Must  adopt  a  list  of  text-books 
on  the  subjects  taught  in  the 
common  schools,  which  books 
shall  be  uniformly  used  in  the 
county  for  which  adopted; 
character  of  books;  can  not 
adopt  books  of  a  publisher 
who  has  not  filed  bond  at  State 
office;  penalty  for  giving  or 
receiving  bribe. 

Publishers  must  file  bond  and 
sample  of  books  in  office  of 
Superintendent  of  Public  In- 
struction, with  prices;  con- 
ditions of  bonds;  penalty  for 
failure  or  refusal  to  execute 
them. 


§  63.  County  certificates  not  to  be 
granted  to  immoral  persons  or 
to  any  one  under  eighteen 
years  of  age;  times  prescribed 
for  examinations;  duty  of  the 
State  Board  of  Examiners  as 
to  questions;  manners  of  ex- 
aminations; no  certificate  is 
to  be  granted  applicant  who 
indulges  in  drunkenness,  pro- 
fanity, or  licentiousness,  nor 
to  one  who  gives  or  receives 
assistance. 
64.  No  immoral  person  and  no  one 
.  under  eighteen  years  of  age  to 
have  a  certificate — penalty; 
obtaining  or  attempting  to 
obtain  unlawfully,  the  State 
Board  Questions,  or  selling, 
bartering  or  giving  them 
away,  made  a  misdemeanor, 
punishable  by  fine,  not  to  ex- 
ceed one  hundred  dollars. 


§  60.  [  Qualifications  of  Members.] — The  county  superintendent 
shall  appoint  two  strictly  nxoral  and  well  educated  persons, 
holding  county  certificates  of  the  first  class,  State  certificates, 
State  diplomas,  or  diplomas  from  some  literary  institution  of 
high  learning,  who,  together  with  himself,  shall  constitute  a 
board  of  examiners  for  the  county.  Before  they  shall  be  au- 
thorized to  act  in  an}^  capacity  as  such  board,  or  grant  any 
certificate,  said  examiners  shall  take  and  subscribe  to  an  oath 
that  they  will  faithfully  discharge  their  duties  as  required  by 
the  common  school  law^,  and  the  said  affidavit  shall  be  filed  in 
the  office  of  the  clerk  of  the  county  court. 

§  61.  [Must  Adopt  Text-Books.  ] —The  county  board  of  exam- 
iners in  each  county  shall  meet  after  the  expiration  of  the 
period  for  which  text-books  have  heretofore  been  adopted,  and 
in  counties  where  there  has  been  no  adoption  of  text-books 
within  six  months  after  this  act  takes  effect,  and  shall  adopt 
a  list  of  text-books  lOn  the  subjects  taught  in  the  common 
schools,  and  said  text -books  adopted  by  said  board  shall  be 
uniformly  used  in  the  county  for  which  they  were  adopted,  and 
shall  not  be  changed  oftener  than  every  five  years,  but  said 


COUNTY  BOARD  OF  EXAMINERS.  85 

board  shall  not  adopt  any  text-books  of  an  immoral,  sectional 
or  sectarian  character  for  use  in  the  common  schools  nor  the 
text-books  of  any  publisher  or  persons  selling  such  text-books, 
unless  said  publisher  or  person  has  first  filed  in  the  oifice  of  the 
Superintendent  of  Public  Instruction  the  bond  as  provided  for 
in  section  sixty-two.  Any  county  board  of  examiners  of  a 
county  in  which,  at  the  time,  a  legal  adoption  of  text-books 
has  not  been  made  who  shall  fail  or  refuse  within  six  months 
after  the  time  when  by  this  section,  they  should  have  done  so^ 
to  adopt  a  series  of  text-books  on  the  subjects  embraced  in  the 
common  school  course,  shall  each  be  subject  to  a  fine  of  not 
less  than  one  hundred  nor  more  than  two  hundred  dollars.  It 
shall  be  the  duty  of  the  county  superintendent  to  make  and 
keep  a  record  of  the  adoption  of  text-books,  and  to  see  that  the 
adopted  list  of  text-books  is  established  and  maintained  in  all 
the  public  schools  in  the  county;  and  it  shall  be  the  further 
duty  of  the  county  superintendent  to  file  and  keep  in  his  office 
the  copy  of  the  bond  of  any  publisher  or  person  selling  text- 
books before  the  cx-offlclo  members  of  the  State  Board  of  Edu- 
cation, and  forwarded  to  him  by  the  Superintendent  of  Public 
Instruction;  and  when  any  of  the  books  named  in  said  bond 
shall  be  adopted  for  use  in  his  county,  and  there  is  a  breach  of, 
or  a  failure  to  comply  with,  any  of  the  provisions  of  the  bond 
in  his  county  by  the  parties  executing  the  same,  he  shall  bring 
suit  in  the  circuit  court  of  his  county  for  a  forfeiture  of  said 
bond,  and  any  money  recovered  thereon,  after  paying  the  cost 
of  proceedings,  shall  be  covered  into  the  school  fund  of  the 
county.  Any  member  of  the  county  board  of  examiners  who 
shall  accept  any  money  or  other  thing  of  value  for  his  vote 
or  influence  in  selecting  text-books,  shall,  upon  conviction,  be 
fined  five  hundred  dollars,  and  be  removed  from  office;  and 
any  person  or  company  who  shall  give,  or  offer  to  give,  such  re- 
ward, shall,  upon  conviction,  be  fined  five  hundred  dollars. 

§  62.  [Bond  Required  of  Publishers — Other  Conditions  as  to  Adoption.] 
—Whenever  any  publisher  or  person  selling  text-books,  who 
desires  to  have  his  text-book  adopted  in  the  common  schools 
in  any  county  in  this  State,  shall  file  in  the  office  of  the 
Superintendent  of  Public  Instimction  a  sample  copy  of  each 
of  the  text-books  intended  for  adoption,  together  with  the  low- 
est retail  list  price  at  which  the  same  shall  be  sold  to  the  pa- 
trons and  pupils  of  any  county  in  which  the  same  may  be 
adopted,  and  shall  execute  bond  before  the  ex-officio  members 


36     '  COUNTY  BOARD  OF  EXAMINERS. 

of  the  state  Board  of  Education  in  the  sum  of  ten  thousand 
(110,000)  doliare,  with  good  security  resident  in  this  State,  it 
shall  be  the  duty  of  said  ex-opcio  members  of  the  said  Board 
of  Education  to  accept  and  file  said  bond  in  the  office  of  the 
Superintendent  of  Public  Instruction:  Provided,  however,  That 
it  shall  be  distinctly  set  forth  in  said  bond  that  the  text-books 
of  said  publisher  or  person  selling  the  same  shall  be  sold  to  the 
patrons  and  pupils  of  the  common  schools  of  any  county  in 
which  the  same  may  be  adopted  at  a  special  retail  list  price, 
which  shall  not  exceed  the  lowest  w^holesale  or,  the  lowest  re- 
tail list  price  then  or  that  may  thereafter  be  fixed  by  said  pub- 
lisher or  person  selling  the  same  for  the  sale  of  such  text- 
books in  any  State  or  section  of  the  country,  and  that  said 
special  retail  list  price  shall  not,  at  any  time,  exceed  the  price 
£xed  and  filed  in  the  office  of  the  Superintendent  of  Public  In- 
struction, which  shall  be  set  forth  in  said  bond;  and  the  said 
publisher  or  person  selling  such  text-books  shall  further  agree 
and  contract  to  make  such  arrangement  with  local  dealers 
•or  agents  to  sell  such  text-books  in  sufficient  quantities  to  sup- 
ply the  patrons  and  pupils  of  the  common  school  of  any  county 
in  which  the  same  may  be  adopted  at  the  special  retail  list 
price  herein  provided  for:  And  provided,  further,  That  the  said 
text-books  shall  be  sent  direct,  with  postage  or  expressage,  as 
the  case  may  be,  prepaid,  to  any  patron  or  pupil  of  the  com- 
mon schools  of  any  county  in  which  the  same  may  be  adopted 
for  use  upon  receipt  in  cash  of  the  said  special  retail  list  price 
of  such  text-books,  and  that  such  patrons  and  pupils  shall  have 
the  option  of  the  benefit  of  any  revision  or  new  edition  of  any 
of  said  text-books;  and  that  said  text-books  shall  be  equal 
in  paper,  binding,  typography  and  in  every  other  respect  to 
the  sample  copies  on  file  in  the  office  of  the  Superintendent  of 
Public  Instruction.  Within  ten  days  after  the  acceptance  and 
filing  in  his  office  the  bond  herein  provided  for,  the  Superin- 
tendent of  Public  Instruction  shall  forward  a  certified  copy 
thereof  to  each  county  superintendent  in  the  State.  Within 
six  months  after  this  act  takes  effect  all  publishers  or  persons 
selling  text-books  whose  text-books  have  heretofore  been 
adopted  for  use  in  the  common  schools  of  any  county  in  the 
State  shall  file  a  sample  copy  of  each  text-book  so  adopted, 
together  with  the  lowest  wholesale  and  the  low^est  retail  list 
price  fixed  by  said  publisher  or  person  for  the  sale  of  such 
text-book  in  any  State  or  section  of  the  country,  and  the  lowest 
special  retail  list  price  at  which  the  same  shall  be  sold  to  the 


COUNTY  BOARD  OF  EXAMINERS.  37 

patrons  and  pupils  of  the  common  schools  of  any  county  in  this' 
State  in  which  the  same  are  or  may  hereafter  be  adopted,  and 
shall  execute  before  the  ex-officio  members  of  the  State  Board 
of  Education  the  bond  herein  required,  and  shall,  after  said 
six  months  after  this  act  takes  effect,  sell  said  books  at  said 
price  to  pupils  and  patrons,  and  in  every  other  respect 
shall  comply  with  the  provisions  of  this  act.  Upon  the  failure 
or  refusal  of  any  such  publisher  or  person  to  comply  with  the 
provisions  of  this  act  within  the  time  herein  specified,  the 
text-books  of  such  publisher  or  person  selling  the  same  shall 
be  removed  from  the  common  schools  of  any  and  every  county 
by  the  countj-  board  thereof  in  which  the  same  have  been 
adopted,  and  in  such  case  new  text-books  shall  be  adopted 
as  herein  provided  from  the  list  of  text-books  of  publishers  or 
persons  selling  them  who  have  filed  with  the  Superintendent 
of  Public  Instruction    the  bond  herein  required. 

§  63.  [  Duties  o!  State  and  County  Boards  as  to  Questions,  Examina- 
tions, Certificates.] — County  certificates  shall  be  granted 
by  the  county  board  of  examiners  to  persons  not  under 
eighteen  years  of  age,  upon  written  examinations  upon  the 
science  and  art  of  teaching,  and  upon  the  subjects  embraced 
in  the  common  school  course,  including,  in  connection  with 
physiology  and  hygiene,  the  effects  of  alcoholic  drinks  and 
narcotics  upon  the  human  system,  held  in  each  county  of  the 
State  for  white  teachers  upon  the  third  Friday  and  Saturday 
in  May,  June,  July  and  August,  of  each  year,  and  for  colored 
teachers  upon  the  fourth  Friday  and  Saturdays  of  the  same 
months;  and  no  examinations  shall  be  held  at  any  other  time 
whatever.  No  certificate  shall  be  issued  upon  the  days  of  ex- 
amination ;  nor  shall  any  answers  be  passed  upon  in  the  pres- 
ence of  any  applicant.  The  State  Board  of  Examiners  shfill 
carefully  prepare  four  series  of  questions  for  white  teachers,, 
and  an  equal  number  for  colored  teachers,  all  of  the  same 
grade;  shall  enclose  in  a  separate  envelope  such  number  of 
questions  of  each  given  series  as  the  county  sjiperintendent 
shall  make  requisition  for  at  least  twenty  days  before  the  ex- 
amination, with  the  name  of  the  subject  plainly  written  or 
printed  across  the  seal  thereof;  shall  enclose  the  several  envel- 
opes in  a  package,  which  they  shall  seal  and  forward  by  reg- 
istered mail  or  by  express  to  each  county  superintendent  at 
least  two  weeks  before  the  examination,  designating  the 
month  for  which  the  same  shall  be  used.     The  county  superin- 


38  COUNTY  BOARD  OF  EXAMINERS. 

tendent  shall  carefully  preserve  the  said  package  of  questions 
under  seal  until  the  hour  of  examination;  and  the  seal  of  the 
said  package  shall  then  be  examined  by  the  other  examiners 
and  the  applicants  for  certificates,  and  the  package  shall  be 
opened  in  their  presence.  Immediately  after  examining  the 
package  of  questions  each  of  the  county  examiners  shall,  un- 
der his  oath  as  examiner,  upon  blanks  furnished  for  that  j^ur- 
pose  by  the  Superintendent  of  Public  Instruction,  give  a  sepa- 
rate certificate,  with  the  signature  attested  by  two  reliable 
witnesses,  that  he  had  personally  inspected  the  said  package, 
and  whether  he  had  found  the  same  intact,  as  provided  herein, 
and  forward  the  certificate  to  the  Superintendent  of  Public 
Instruction  on  the  same  day.  The  examiner  shall  allot  a  rea- 
sonable time  for  the  examination  upon  each  subject,  taking 
the  subjects  in  the  order  named  in  the  section  specifying  the 
subjects  embraced  in  the  common  school  course,  and  shall  col- 
lect the  answers  of  all  the  applicants  when  the  time  allotted 
lias  expired;  and,  after  the  first  subject  is  presented  to  the  ap- 
plicants, the  said  examiners  shall  not  present  any  other  sub- 
ject, or  open  the  envelope  thereof,  until  they  collect  the  an- 
swers of  all  applicants  to  all  questions  previously  presented. 
The  said  examiners  shall  not  examine  any  applicant  until  they 
are  fully  satisfied  that  said  applicant  possesses  an  unexcep- 
tionable moral  character,  and  is  of  the  age  herein  prescribed; 
and,  in  no  event,  shall  a  certificate  be  granted  to  any  person 
who  indulges  in  drunkenness,  profanity,  gambling  or  licen- 
tiousness, or  who,  within  the  belief  of  the  examiners,  has  had 
improper  access  to  the  examination  questions.  They  shall, 
during  the  examination,  exclude  from  the  room  all  persons 
other  than  applicants,  see  that  the  applicants  are  seated  at  a 
proper  distance  from  each  other,  and  shall  see  that  no  assist- 
ance is  given  or  obtained  by  any  applicant  during  the  exam- 
ination, and  shall  refuse  to  grant  a  certificate  to  any  applicant 
who  may  either  obtain  or  give  such  assistance.  The  county 
superintendent,  and  at  least  one  of  the  examiners,  shall  be 
present,  and  shall  conduct  all  examinations  and  sign  all  cer- 
tificates. The  county  superintendent  and  other  examiners 
shall  have  full  power,  and  it  shall  be  their  duty  to  make  in- 
vestigation as  to  the  moral  character  of  applicants;  and  the 
county  superintendent  shall  also  have  full  power  to  adminis- 
ter an  oath  as  to  improper  use  of  questions,  and  as  to  other 
matters  touching  the  qualifications  of  teachers  under  this  act. 
[Approved  March  17,  1896.] 


COUNTY  BOARD  OF  EXAMINERS.  39 

§  64.  [When  Unlawful  to  Grant  Certificates— Fraudulent  Use  of  Ques- 
tions —  Penalties.  ] — Any  county  superintendent  or  county  ex- 
aminer who  sliall  knowingly  grant  to  any  immoral  person, 
or  to  any  person  un  ler  the  prescribed  age,  a  certificate  to  teach 
in  the  common  schools;  or  any  person  who  shall  unlawfully 
obtain,  or  attempt  to  obtain,  or  shall  sell,  barter  or  give  away, 
or  attempt  to  sell,  barter  or  give  away,  to  an  applicant  or 
applicants  for  a  certificate  or  certificates,  or  to  any  oTher 
person,  any  question  or  questions  prepared  or  sent  out  by 
the  State  Board  of  Examiners  for  the  examination  of  a 
person  or  persons  applying  for  a  certificate  or  certificates,  or 
in  any  way  dispose  of  such  question  or  questions  contrary  to 
law,  or  any  regulations  prescribed  by  the  State  Board  of 
Examiners,  shall  be  guilty  of  a  misdemeanor,  and,  upon  con- 
viction thereof,  shall  be  fined  not  less  than  fifty  and  not  more 
than  one  hundred  dollars  for  each  offense.  The  county  board 
of  examiners  shall  charge  each  applicant  a  fee  of  one  dollar  for 
each  examination  made,  the  proceeds  of  which  shall  be  divided 
betw^een  the  two  members  of  the  board  appointed  by  and  act- 
ing with  the  county  superintendent  in  proportion  to  the  serv- 
ices rendered  by  them. 


40 


DISTRICTS. 


VII.     DISTRICTS. 


§  65.  Districts  shall  be  retained  until 
altered  or  abolished  according 
to  law;  when  change  in  boun- 
dary may  be  effected. 

66.  Maximum      and      minimum      of 

school  population  in  districts; 
legal  area  of  districts;  each 
school-house  to  be  centrally 
located. 

67.  Number    and    boundary  of    each 

district  shall  be  duly  recorded. 

68.  When      county      superintendents 

may  lay  off  a  district  com- 
posed of  parts  of  two  counties; 
how  district  to  be  reported 
and  drawn  for. 


§  69.  Privileges  of  pupil  children  in 
adjoining  districts;  .tuition 
fees  to  be  paid  to  teacher 
where  taught. 

70.  Provisions  as  to  a  city,  town  or 

village,  establishing  and  main- 
taining a  system  of  common 
schools. 

71.  This  act  not  to   affect  any  local 

or  special  law  establishing  any 
city  or  town  in  one  district,  or 
charter  and  amendments  of 
any  city  or  town  so  far  as  re- 
late to  their  public  schools,  or 
to  affect  any  local  or  special 
laws  now  in  force  relating  to 
any  institution  of  learning. 


§  65.  [  Change  of  Boundary— On  What  Conditions.  ] — The  school 
districts  of  the  several  counties,  as  at  present  described  and 
numbered,  shall  be  retained  until  altered  or  abolished  pur- 
suant to  this  chapter;  but  no  two  districts  in  the  same  county 
shall  be  known  by  the  same  name  or  number.  No  change  in 
the  boundary  of  any  district  shall  be  made  to  take  effect  dur- 
ing the  current  or  the  following  school  year,  unless  made  pre- 
vious to  taking  the  census  for  such  school  year.  Nor  shall  the 
boundary  of  any  district  be  changed  unless  ten  days'  notice  in 
writing  shall  be  first  given  to  the  trustees  of  other  districts  to 
be  affected  thereby. 


§  66.  [  School  Population  —  Area  —  Location  of  Schoolhouse.]  — In 
order  that  all  districts  may,  as  soon  as  practicable,  be  made  to 
contain  not  less  than  forty-five  pupil  children,  each  county  su- 
perintendent shall,  from  year  to  year,  as  far  as  practicable, 
and  in  accordance  with  the  best  educational  results,  equalize 
in  school  population  the  districts  of  his  county.  No  district 
hereafter  established  shall  include  less  than  forty-five  pupil 
children,  except  in  cases  of  extreme  emergency.  (No)  district 
shall  include  more  than  one  hundred  pupil  children  unless  it 
contains  a  city,  town  or  village  within  its  limits,  or  there  be 
established  therein  a  high  s€hool,  academy  or  college  entitled 
to  a  share  of  the  revenue  of  the  common  school  fund,  by  virtue 
of  a  special  charter,  or  of  a  contract  between  the  trustees  of 


I 


DISTRICTS.  41 

the  common  school  district,  and  the  trustees  or  other  legal  au- 
thorities of  such  institution.  In  all  such  cases  the  teacher  or 
teachers  of  such  high  school,  academy  or  college  having  charge 
of  the  common  school  pupils  shall  hold  certificates,  and  be  sub- 
ject to  all  the  provisions  of  the  common  school  laws.  Such 
contract  shall  expressly  provide  that  all  children  of  pupil  age 
residing  within  the  district  shall  have  the  privilege  of  attend- 
ing the  said  high  school,  academy  or  college  for  at  least  five 
months  during  the  school  year  without  payment  of  the  tuition 
fees;  but  nothing  in  this  chapter  shall  be  construed  to  author- 
ize any  white  person  to  attend  a  common  school  or  other  ins1;i- 
tution  of  learning  established  for  colored  children,  or  any 
colored  person  to  attend  a  common  school  or  other  institution 
of  learning  established  for  white  children.  In  all  cases  where 
the  number  of  children  shall  exceed  one  hundred,  or  fall  below 
forty-five,  the  county  superintendent  shall  report  the  reason 
thereof  to  the  Superintendent  of  Public  Instruction.  The  area 
of  no  school  district  shall  be  more  than  sixteen  square  miles, 
unless  it  is  necessary  to  enlarge  the  same  so  as  to  include  the 
minimum  number  of  children.  Each  schoolhouse  hereafter 
erected  shall  be  located  as  near  the  center  of  the  district  as 
practicable. 

§  67.  [  Record  of  Each  Districts.]  —The  county  superintendent 
shall,  in  a  book  to  be  kept  in  his  office  for  that  purpose,  and 
subject  to  public  inspection,  describe  each  district  in  his 
county  by  its  number  and  boundary,  and  shall  furnish  to  the 
trustees  of  each  district  a  description  of  the  boundary  thereof. 

§  68.  [When  Districts  Composed  of  Parts  of  Adjoining  Counties.]  — 
The  county  superintendents  of  two  adjoining  counties, 
where  the  division  line  intersects  a  neighborhood  whose  con- 
venience requires  it,  may  lay  off  a  district  composed  of  parts  of 
both  counties.  Such  district  shall  be  reported,  together  with 
its  census  of  pupil  children,  only  as  belonging  to  the  county  in 
which  the  schoolhouse  of  the  same  may  be  situated,  by  the 
county  superintendent  of  said  county;  and  he  shall  make  re- 
port and  draw  for  the  whole  district  as  though  it  lay  entirely 
within  his  county.  But  any  county  superintendent  may  re- 
claim the  fractional  part  of  his  county  lying  in  the  district  or 
districts  of  another  county,  after  thirty  days'  written  notice  to 
the  county  superintendent  of  the  said  county,  provided  a 
hschoolhouse  has  not  been  built  in  such  district  or  districts 


42  DISTRICTS. 

and  the  reclaiming  of  such  fractional  district  or  districts 
would  not  necessitate  the  abandonment  of  such  districts. 

§  69.  [  Privileges  of  Adjoining  Districts.  ] — When  two  school 
districts  adjoin,  it  shall  be  lawful  for  the  children  of  either  of 
such  adjoining  districts  to  be  taught  in  and  at  such  school- 
houses  as  may  be  most  convenient  to  them;  but  in  such  case 
their  per  capita  ov  tuition  fees  shall  be  paid  over  to  the  district 
in  which  they  are  taught,  if  required  by  the  trustees  thereof; 
Provided^  The  transfer  does  not  shorten  the  term  of  the  school 
of  the  district  from  which  the  transfer  has  been  made,  and  does 
not  interfere  with  the  contract  between  the  teacher  and  the 
trustees  of  either  district;  and  that  no  such  change  shall  be 
made  without  the  assent  of  the  trustees  of  both  said  districts 
in  writing,  and  of  the  parents  of  the  children  transferred.  In 
case  of  an  agreement  of  the  kind  provided  for  in  this  section, 
the  trustees  of  the  district  in  which  the  children  w^ere  reported 
shall,  before  the  close  of  the  first  month  of  the  school  term,  no- 
tify the  county  superintendent  in  writing,  or  the  said  transfer 
shall  be  void:  Provided,  further,  That  when  the  district  to  which 
transfer  is  made  is  in  a  different  county,  the  county  superin- 
tendent of  the  county  from  which  the  transfer  is  made  shall 
pay  to  the  county  superintendent  (5f  the  county  in  which  the 
children  are  taught  the  money  due  for  teaching  them,  taking 
his  receipt  in  duplicate.     [Acts  of  1894.] 

§  70.  [Privileges  of  a  City,  Town  or  Village.] — When  a  city, 
town  or  village  establishes  and  maintains  a  system  of  common 
schools  adequate  to  the  teaching  of  all  the  children  therein, 
and  which  all  applying  for  instruction  are  permitted  to  attend 
free  of  charge,  the  same  shall  be  deemed  one  district,  and 
entitled  to  its  proportion  of  the  school  fund.  At  the  termin- 
ation of  each  school  year  the  trustees,  or  other  officers  deputed 
for  that  purpose,  of  each  school  district,  and  of  each  separate 
school  of  such  city,  town  or  village,  shall  report  to  the  county 
superintendent  the  facts  required  of  district  trustees  in  section 
eighty-six  of  this  chapter.  They  shall  take  the  census  of  such 
€ity,  town  or  village  by  wards  or  school  districts,  and  make  a 
return  to  the  county  superintendent,  to  be  filed  in  his  office,  at 
the  same  time  and  in  the  same  manner  as  that  required  of  dis- 
trict trustees.  They  shall  file  a  duplicate  of  said  census  with 
the  county  clerk,  to  be  retained  by  him  in  his  office.  For  any 
failure,  neglect,  or  violation  of  their  duties  as  set  forth  in  this 


DISTRICTS.  43 

section  the  trustees  or  other  officers  of  such  city,  town  or  dis- 
trict shall  be  subject  to  the  same  penalties  as  imposed  on 
district  trustees. 

§  71.  [Local  or  Special  Laws  Not  Affected  by  this  Act,  Except  as 
in  §§  118,  119  and  66.  ]— This  law  is  not  to  affect,  modify  or 
repeal  any  local  or  special  law  heretofore  passed,  which  estab- 
lishes any  city  qt  town  in  one  district,  except  as  provided  in 
sections  118  and  119;  but  the  same  shall  be  governed  in  all 
respects  by  the  local  laws  and  authorities,  and  it  shall  in  no 
wise  affect  the  character  and  amendments  thereto  of  any  city  or 
town  in  the  Commonwealth,  so  far  as  said  charter  and  amend- 
ments relate  to  the  public  schools  of  said  cities  and  towns;  nor 
shall  this  law  affect,  modify  or  repeal  any  local  or  special  laws 
now  in  force  for  the  benefit  of  any  school,  high  school,  semi- 
nary, college,  or  other  institution  of  learning  in  this  State, 
except  as  to  teachers,  as  provided  in  section  66  of  this  chapter. 


44 


DISTRICT  TRUSTEES. 


VIII.     DISTRICT  TRUSTEES. 


I  72.  Authority,  number,  qualifica- 
tions,  election  and  term  of 
trustees;  place,  time,  and  no- 
tice of  election,  qualified 
voters;  judge  of  election;  de- 
cision in  case  of  a  tie;  quorum 
of  board;  chairman  and  his 
duties;  penalty  in  case  of 
neglect  or  non-perfoirmance 
of  duties. 

73.  Penalty  for  fraud  on  the  part  of 

the  judge  of  the  election,  or  of 
any  person  in  regard  to  the 
records  of  the  election  of  a 
trustee. 

74.  Vacancy  in  oflSce  of  trustee  to 

be  supplied  by  county  superin- 
tendent; trustee  appointed  to 
hold  office  until  successor  elec- 
ted and  qualified. 

75.  Trustees,   body-politic    and  cor- 

porate, name;  may  take,  hold 
and  dispose  of  property,  etc., 
for  their  common  school. 

76.  Shall  keep   a  record-book,   open 

at  all  times  to  public  inspec- 
tion; facts  for  careful  record. 

77.  Provisions     for     procuring     site 

and  erecting  a  school  house 
with  proper  out-buildings  and 
inolosures,  making  repairs  and 
providing  furniture  and  appar- 
atus; recovery  for  damages 
done  property;  right  and  re- 
sult of  petition  and  of  appeal 
to  county  superintendent;  title 
to  lot  snaill  vest  in  trustees 
and  their  successors;  location 
of  school  house;  provisions  for 
roads  or  passways  to  school 
house. 

78.  When     school    condemned     and 

needs  repairing,  or  when  nec- 
essary to  purchase  a  site  and 
build  a  new  one,  shall  order 
taxes  to  be  assessed;  charac- 
ter and  application  of  taxes; 
substitute  for  capitation  tax; 
character  and  lowest  value  of 
school  house — plans  and  speci- 
fications for;  tax  how  collec- 
ted and  paid  out;  penalty 
against  trustees  for  failure. 

79.  Levying   and   collecting    district 

taxes;  appointment  of  treas- 
urer; collection  of  delinquent 
list;  collection  of  railroad  tax. 


§  80.  Poll  or  capitation  tax  for  fu«l 
and  other  incidental  expenses 
of  school,  and  how  may  be 
collected;  how  said  tax  may 
be  discharged. 

81.  Shall  employ  a  qualified  teacher, 

agree  with  him  as  to  compen- 
sation, and  for'good.  cause  may 
remove  him  subject  to  ap- 
proval of  county  superinten- 
dent ;  contract  not  valid  unless 
duly  signed;  condition  on 
which  any  school  must  be 
taught  in  district  school  house. 

82.  Duty  of  trustees  for  two  weeks 

before  school  to  parents  of 
pupil-children;  duty  concern- 
ing text-books;  duty  during 
progress  of  school  concerning 
non-attendance  of  pupils. 

83.  Duty    of    Board  of    Trustees  to 

meet  at  school  house  on  day 
of  opening  school  and  thereat,, 
at  least  once  a  month  during 
session  of  school;  what  shall 
be  considered  at  each  meeting; 
on  complaint  of  teacher  in 
writing,  trustees  shall  have 
power,  after  investigation,  to 
suspend  or  expel  a  pupil  from 
school. 

84.  School    to    be  guarded    against 

any  infectious  or  contagious 
disease. 

85.  Duty,  annually,  to  take  an  exact 

census  of  all  pupil-children 
then  residing  in  the  district; 
list  must  be  reported  to  county 
Buperinftendent  and  county 
clerk;  penalty  for  .fraudulently 
listing  names;  penalty  for  not 
making  report  in  due  time  and 
manner;  no  pupil-children  re- 
ported in  any  other  district  to 
be  listed,  but  any  pupil-child 
not  reported  in  the  district  in 
which  he  resides,  may  attend 
the  common  school  without 
payment. 

86.  At  the  termination  of  the  school- 

year  shall  report  required 
school  statistics  to  county  sup- 
erintendent, and  any  other  in- 
formation required  touching 
the  school. 


DISTRICT  TRUSTEES. 


45 


VIII.     DISTRICT  TRUSTEES— Cotitititted. 


^  87.  The  reports  required  of  (the 
chairman  must  be  signed  by 
him;  penalty  for  failure  to 
make  any  report  within^  thirty 
days  after  the  same  is  requir- 
ed by  law. 
.88.  No  trustee  allowed  to  buy  any 
teacher's  claim,  directly  or  in- 
directly, under  penalty  of  re- 
moval from  office;  any  trustee 
who  should  accept  or  agree  to 
accept  any  compensation,  di- 
rectly or  indirectly,  for  em- 
ploying or  hiring  a  teacher 
shall,  upon  indictment  and 
conviction  thereof  be  fined. 
89.  For  any  neglect  of  duty  or  mis- 
feasance in  office,  the  trustee 


shall,  in  addition  to  being 
fined,  be  removed  from  oflBce 
by  the  county  superTrntendent. 

90.  Chairman  of  the  board,  in  con- 

sideration of  his  services, 
shall  be  exempt  from  certain 
other  specified  duties. 

91.  Any  person,  elected  or  appointed 

'trustee,  who  shall  willfully 
fail  or  neglect,  after  having 
accepted  said  office,  to  perform 
the  duties  imposed  upon  him 
herein  shall  be  fined  therefor. 

92.  Money,  property,  books  or  papers 

in  custody  of  a  trustee,  must 
be  delivered  to  successor;  pen- 
alty for  failure. 


§  72.      [  District  Trustees  —  Authority,   Number,   Qualification,   Election 

— Chairman  of  Board.  ] — Each  school  district  shall  be  under 
the  control  of  three  trustees,  who  shall  be  of  good  moral 
character,  at  least  twenty-one  years  of  age,  and  for  white 
schools,  able  to  read  and  write,  and  for  colored  schools,  able  to 
read  and  write,  if  practicable,  one  of  whom  shall  be  elected 
each  years  for  the  term  of  three  years,  to  fill  the  place  of  the 
trustee  going  out  of  office.  No  person  holding  the  office  of 
trustee  of  any  private  school  shall  be  eligible  to  hold  the  office 
of  trustee  of  any  common  school.  The  vote  in  electing  a  trus- 
tee shall  be  taken  viva  voce,  and  the  election  shall  be  held  at 
the  school  house,  and  if  no  school  house  be  in  the  district,  at 
such  convenient  place  as  the  trustees  may  select,  from  one 
o'clock  till  six  o'clock  in  the  afternoon  on  the  first  Saturday  of 
October  in  each  year,  notice  thereof  having  been  posted  by  the 
trustees  at  three  of  the  most  public  places  in  the  district  for 
ten  days  immediately  preceding  the  day  of  election.  At  this 
election  the  qualified  voters  of  the  district  shall  be  the  elec- 
tors; and  any  widow  having  a  child  between  six  and  twenty 
years  of  age,  and  any  widow  or  spinster  having  a  ward  between 
the  ages  of  six  and  twenty  years  may  also  vote.  The  officers  of 
the  election  shall  be  a  judge  and  a  clerk,  who  shall  be  residents 
of  the  district,  and  be  chosen  by  the  voters  at  the  opening  of 
die  polls.  The  judge  of  election  shall  give  the  casting  vote  in 
case  of  a  tie,  provided  he  has  not  heretofore  voted,  and  give  a 
certificate  of  election  to  the  person  elected,  signed  by  himself. 


46  DISTRICT  TRUSTEES. 

and  report  the  trustees  thus  elected,  in  writing,  to  the  county 
superintendent  of  the  county,  within  five  days  after  the  day  of 
election.  In  case  of  a  tie,  in  which  the  judge  has  voted,  then  he 
shall  certify  the  fact  to  the  county  superintendent,  and  the 
county  superintendent  shall  appoint  the  trustee,  and  give  him 
a  certificate,  and  the  trustee  so  selected  shall  act  until  his  suc- 
cessor is  duly  qualified.  The  trustee  so  elected  shall  hold  office' 
for  three  years,  from  the  first  day  of  July  succeeding  his  elec- 
tion, and  until  his  successor  is  duly  elected  or  appointed  and 
qualified.  Any  two  of  the  trustees  may  constitute  a  quorum 
to  transact  the  business  pertaining  to  their  office,  at  a  meeting 
of  which  all  shall  have  had  reasonable  notice.  The  trustee 
having  the  shortest  time  to  serve  shall  be  chairman  of  the 
board  of  trustees,  whose  duty  it  shall  be  to  preside  at  all  its 
meetings,  and  to  make  the  reports,  and  to  perform  all  other 
such  acts  and  duties  as  required  by  law  of  trustees;  and  in  case 
of  neglect  or  non-performance  of  duty,  the  one  so  remiss  of 
duty  shall  be  subject  to  like  fines  and  penalties  as  imposed  by 
law  on  trustees  for  neglect  of  duty  or  other  violations  of  law» 
This  law  shall  in  no  wise  impair  the  tenure  of  office  of  trustees 
who  have  been  duly  elected  or  appointed  under  the  present 
school  law. 

§  73.  [  Penalty  for  Fraud  at  Election.  ] — Any  person  who  may 
be  chosen  to  preside  over  the  election  of  a  school  trustee  in  any 
school  district  in  this  Commonwealth  who  shall  knowingly,, 
and  with  intent  to  commit  a  fraud,  receive  and  count  any 
illegal  vote  or  issue  a  certificate  of  election  to  any  person  not 
entitled  thereto,  or  shall  refuse  to  issue  such  certificate  to 
any  one  duly  elected,  or  who  shall  fail  for  five  days  after  the 
election  to  report  the  name  of  the  person  elected,  or  who  shall, 
with  fraudulent  intent,  deface,  mutilate  or  destroy  the  records 
of  any  such  election,  shall  be  fined  not  less  than  fifty  nor 
more  than  two  hundred  dollars  for  every  such  offense,  and 
it  shall  be  the  duty  of  the  county  superintendent  to  report 
such  offenses  to  the  grand  jury. 

§  74.  [Vacancy— How  Supplied.] —H,  from  a  failure  to  qualify 
according  to  law,  or  from  any  other  cause,  there  be  a  vacancy 
in  the  office  of  trustee,  the  county  superintendent  of  the  county 
shall,  within  ten  days,  or  as  soon  thereafter  as  practicable, 
supply  the  same  by  his  appointment,  in  writing,  and  the 
trustee  so  appointed  shall  hold  his  office  until  the  end  of  that 


I 


DISTRICT  TRUSTEES.  47 

term,  aud  until  his  successor  is  elected  or  appointed  and  qual- 
ified. In  case  of  controyerted  right  to  the  office  of  trustee, 
the  county  superintendent  is  empowered  to  recognize  a  trustee 
among  the  contestants  until  the  dispute  has  been  settled.  If 
a  trustee-elect  shall  fail  to  qualify  before  the  county  superin- 
tendent on  or  before  the  first  day  of  June  following  his  elec- 
tion, or  file  with  him  a  certificate  that  he  has  qualified  before 
another  officer,  it  shall  be  within  the  discretion  of  the  county 
superintendent  to  declare  his  place  vacant,  and  to  fill  same  by 
appointment. 

§  75.  [  Body  =  Politic  and  Corporate— Name  and  Powers.  ]  — They 
and  their  successors  shall  be  a  body-politic  and  corporate  with 
perpetual  succession,  by  the  name  of  the  trustees  for  their 
school  district;  and  as  such  may  sue  and  be  sued,  take,  hold 
and  dispose  of  real  and  personal  estate  for  the  maintenance, 
use  and  benefit  of  the  common  school  of  their  district,  and  re- 
ceive and  enforce  payments  of  subscriptions  for  the  like  pur- 
pose. Their  private  seals  or  scrolls  shall  stand  in  lieu  of  a  cor- 
porate seal.  In  the  acquisition  of  land  as  a  site  for  a  school- 
house,  the  title  thereof  shall  be  made  in  fee-simple  to  the  trus- 
tees, and  the  titles  to  lands  uoav  used  as  sites  for  schoolhouses 
shall,  at  the  earliest  possible  time,  be  perfected  by  the  trustees 
and  the  county  superintendent.  Any  reversionary  interest  in 
any  land  now  used  as  a  site  for  a  schoolhouse  shall  not  deprive 
the  districts  of  the  schoolhouse  or  other  improvements 
thereon. 

§  76.  [Record  Books — Open  to  Public  Inspection— Facts  for  Care= 
ful  Record.]— The  Superintendent  of  Public  Instruction  shall, 
from  time  to  time,  as  needed,  through  the  county  super- 
intendents, furnish  the  chairman  of  each  board  of  trustees 
with  a  trustee's  record-book,  which  shall  be  the  property  of 
the  State,  shall  be  well  preserved,  shall  be  open  at  all  times 
to  public  inspection,  especially  by  the  trustees  and  the 
county  superintendent,  and  at  the  expiration  of  the  chair- 
man's term  shall  be  turned  over  to  his  successor.  The 
chairman  of  each  board  of  trustees  shall  receipt  to  the  county 
superintendent  for  the  record-books,  which  receipt  shall  be 
filed  with  the  Superintendent  of  Public  Instruction.  In  the 
said  book,  the  chairman  of  the  board  of  trustees  shall,  with 
pen  and  ink,  keep  a  careful  record  of  the  following  facts: 
The  name,  number  and  boundary  of  the  district;  names  of  the 


48  DISTRICT  TRUSTEES. 

trustees,  and  when  each  elected  or  appointed  and  qualified; 
the  time  for  which  each  shall  serve;  each  annual  census  as 
reported  to  the  county  superintendent;  changes  of  bound- 
ary of  the  district;  the  dates  and  number  of  visits  of  the 
trustees  to  the  school ;  a  copy  of  the  contract  with  the  teacher, 
and  the  grade  of  his  certificate;  each  district  election  with 
the  time  and  purpose  and  names  of  its  officers;  each  meeting 
of  the  trustees,  with  the  purpose  thereof  and  the  business 
transacted;  the  beginning  and  close  of  the  school  term,  wath 
the  holidays  and  vacations  therein;  the  money  received,  with 
the  sources  thereof,  and  for  what  the  same  has  been  disbursed; 
each  levy  of  a  tax,  if  any,  and  such  other  facts  as  the  county 
superintendent  or  Superintendent  of  Public  Instruction  may 
require. 

§  77.  [  Securing  Site,  Erecting  and  Locating  Schoolhouses,  Etc.]  — The 
trustees,  with  the  consent  of  the  counry  superintendeni, 
may  take  land,  by  purchase  or  donation,  f(.r  the  purpose  of 
erecting  thereon  a  schoolhouse,*. provide  for  and  secure  the 
erection  of  the  same,  construct  such  out-buildings  and  inclos- 
iires  as  shall  be  conducive  to  the  protection  of  the  property 
and  the  comfort  and  decency  of  the  pupils  and  teachers ; 
make  repairs  and  provide  the  necessary  furniture  and  appa- 
ratus; but  the  said  trustees  shall  not  buy  for  such  use 
property  in  which  they  are  either  directly  or  indirectly  inter- 
ested. They  shall  have  power  to  recover  for  any  damages 
that  may  be  done  the  property  in  their  charge,  and  they  may 
change  the  location  of  the  schoolhouse,  sell  Or  dispose  of  the 
old  site,  and  use  the  proceeds  thereof  towards  procuring  a 
new  one.  If  they  cannot  agree  with  the  owner  of  any  land 
most  suitable  for  a  schoolhouse  site  as  to  the  price  and  terms 
of  purchase  and  sale  thereof,  they  may  have  the  same  con- 
demned in  the  manner  provided  for  condemning  lands  for  the 
use  of  railroad  companies;  and  cause  a  deed  to  the  land  by  a 
commissioner  to  be  made  to  the  trustees  and  their  successors; 
which  deed  shall  be  duly  acknowledged  and  recorded  in  the 
office  of  the  clerk  of  the  county  court,  and  thereupon  the 
ft  e-simple  title  to  said  lot  shall  vest  in  said  trustees  and  their 
successors  in  office;  but  they  shall  not  have  the  right  to 
condemn  any  private  property  w-hich  is  used  by  the  owner 
as    a    residence,    garden,    orchard  or  burying  ground.      The 

*  See  division  v.,  page  124.  '  ^ 


DISTRICT  TRUSTEES.  '  49 

quantity  of  land  thus  condemned  shall  in  no  case  exceed  one 
acre.  A  majority  of  the  school  electors  of  any  district,  within 
thirty  days  after  the  location  or  site  has  been  selected  by  the 
trustees,  may  appeal  from  the  decision  of  the  trustees  in  the 
location  of  the  schoolhouse,  or  site  for  the  same,  to  the  county 
superintendent  of  the  county,  whose  decision  in  the  case 
shall  be  final.  In  such  location  it  shall  be  made  as  near^as 
practicable  to  the  center  of  the  district  as  will  be  conven- 
ient of  access  to  all  the  inhabitants  of  the  district;  and  the 
trustees  shall  make  provisions  for  such  roads  or  passways 
to  the  schoolhouse  as  will  accommodate  all  the  pupils  who 
may  be  entitled  to  attend,  and  may  apply,  to  the  county  court 
having  jurisdiction  to  open  the  same  as  other  roadways  are 
opened  for  public  necessity  and  convenience.  But  where  there 
is  no  road  or  passway  from  the  residence  of  any  pupil  to  the 
schoolhouse,  it  shall  be  lawful  for  such  pupil,  in  attending 
school,  to  walk  over  the  land  of  any  person  between  the  resi- 
dence of  such  pupil  and  the  schoolhouse.  No  toll  shall  be  col- 
lected of  any  pupil  child  for  travel  upon  any  turnpike  road 
while  attending  a  common  school.* 

§  t78.  [When  Schoolhouse  Condemned,  Etc.— Duty  of  Trustees— Penalty 
for  Neglect.] — Whenever  the  county  superintendent  notifies 
the  trustees,  in  writing,  that  a  schoolhouse,  or  the  inclos- 
ures  thereof,  has  been  condemned,  and  needs  repairing 
or  additions,  or  that  the  furniture  or  apparatus  is  insuffi- 
cient, or,  in  any  case,  it  becomes  necessary  to  purchase  a  site 
to  build  a  new  schoolhouse,  then,  if  there  be  no  funds  avail- 
able for  such  repairing  or  purchasing,  the  trustees  shall  levy^ 
a  capitation  tax  not  exceeding  one  dollar  per  school  year, 
for  four  years,  on  each  male  in  the  district  over  twenty-one 
years  of  age,  or  an  ad  valorem  tax,  not  exceeding  twenty- 
five  cents  on  each  one  hundred  dollars'  worth  of  taxable  prop- 
erty in  the  district  per  school  year,  or  both  a  capitation  and  an 
ad  valorem  tax,  to  be  collected  as  provided  in  section  79; 
and  such  tax  shall  be  applied  to  the  repairing  or  making  ad- 


*Chapter  23,  Acts  of  Assembly,  1896,  section  4.  The  managers  of  any  turnpike  road  shall 
permit  ministers  of  the  Gospel  to  travel  on  the  road  without  paying  toll  when  on  min- 
isterial duty ;  and  shall  charge  no  toll  against  scholars  going  to  or  from  school,  or  against 
persons  who  are  going  to  or  from  their  accustomed  place  of  worship;  and  funeral  proces- 
sions going  to  and  returning  from  place  of  burial;  but  if  any  other  person  than  scholars 
going  to  and  returning  from  school,  and  the  driver,  shall  occupy  a  vehicle  full  toll  shall 
be  charged  and  collected  for  such  vehicle. 

+  Section  78,  or  so  much  thereof  as  relates  to  the  levying  of  a  four  j^ear  tax  to  build  a 
schoolhouse,  was  declared  unconstitutional  by  the  Court  of  Appeals  in  the  case  of  the 
Commonwealth  vs.  L.  &  N.  Railroad.    See  decision  No.  50,  in  the  appendix. 


50  DISTRICT  TRUSTEES. 

ditions,  or  to  the  purchase  of  a  site,  and  the  erection  and  fur- 
nishing of  a  schoolhouse  adapted  to  the  wants  of  said  district, 
or  to  the  equipment  of  the  schoolhouse  with  furniture  or  illus- 
trative apparatus.  In  cases  of  an  emergency,  the  trustees  of 
a  district  may,  in  their  corporate  capacity,  borrow  a  sufficient 
sum  of  money  to  repair  or  ^rect  and  furnish  a  schoolhouse: 
Frovided,  Th'^  sum  so  borrow^ed  shall  not  exceed  an  amount 
that  can  be  paid  off  in  four  years  at  the  rate  of  taxation  set 
forth  in  this  section:  And  provided  further,  That  in  districts 
in  which  schoolhouses  have  been  built,  where  a  three-year  tax 
was  levied  and  collected  and  proved  insufficient,  and  where 
there,  is  any  part  of  the  cost  of  construction  of  such  school- 
house  or  purchasing  site  upon  which  to  build,  or  for  school 
furniture,  remaining  unpaid,  the  trustees  shall  levy  an  addi- 
tional tax  sufficient  to  pay  off  all  indebtedness.  In  all  suits 
arising  in  the  collection  of  taxes  under  this  chapter,  the  county 
attorney  shall  act  as  attorney  for  the  trustees,  and  shall 
receive  for  such  service  such  compensation  as  may  be  allow^ed 
by  the  fiscal  court.  The  amount  collected  from  said  district 
shall  be  paid  out  on  the  order  of  the  trustees.  If  the  trustees 
of  any  common  school  district  fail,  for  the  period  of  one  year 
after  the  building  of  the  schoolhouse  has  been  properly 
ordered,  to  have  a  good  and  sufficient  schoolhouse  in  their  dis- 
trict equipped  with  the  furniture  and  apparatus  herein  pre- 
scribed, each  of  them  shall  be  guilty  of  a  misdemeanor.  The 
county  superintendent  shall  report  such  failure  to  the  grand 
jury  at  its  next  meeting,  and,  upon  indictment  and  conviction, 
each  of  said  trustees  shall  be  fined  not  less  than  twenty-five 
nor  more  than  one  hundred  dollars,  unless  he  can  show  a  good 
and  satisfactory^  reason  for  such  failure.  Each  schoolhouse, 
including  the  site,  furniture  and  apparatus,  shall  have  a  prop- 
erty value  of  not  less  than  one  hundred  and  fifty  dollars, 
Each  schoolhouse  hereafter  erected  shall  have  a  floor  space  of 
not  less  than  ten  square  feet  to  each  pupil  in  the  district; 
shall  be  at  least  ten  feet  betAveen  floor  and  ceiling;  shall  have 
at  least  four  windows,  one  or  more  fire  places,  w^ith  chimneys 
made  entirely  of  brick  or  stone,  or  a  sufficient  number  of 
stoves  or  other  heating  apparatus,  with  safe  flues,  to  warm 
the  room  in  the  coldest  weather,  one  or  more  doors,  with  locks 
and  keys,  which  shall  be  kept  during  the  vacations  by  the 
chairman  of  the  trustees,  w^ho  shall  be  liable  for  any  damage 
occurring  on  account  of  neglect.  The  trustees  shall  furnish 
<^ach  schoolhouse  with  at  least  the  following  articles  of  fur- 


I 


DISTRICT  TRUSTEES.  51 

iiiture  and  apparatus,  and  the  teacher  shall,  at  the  close  of  the 
school  of  each  year,  deliver  a  complete  inventory  of  the  said 
articles  to  the  chairman  of  the  trustees:  Teacher's  desk  and 
chair;  a  seat,  patent  or  otherwise,  with  back,  for  each  child, 
the  height  of  the  seat  and  its  back  to  suit  the  age  of  the  child — 
no  desk  or  bench  to  be  made  to  accommodate  more  than  two 
children;  writing  desks  for  all  the  pupils;  blackboard  space 
of  at  least  fifty  square  feet;  water-stand;  and  the  trustees 
may  furnish  gong  or  call-bell;  terrestrial  globe;  wall-map  of 
the  world,  wall-map  of  the  United  States,  and  a  wall  county 
map  of  Kentucky,  and  such  charts  upon  reading,  writing, 
physiology,  and  so  forth,  as  the  trustees  may  select;  and  the 
trustees  are  authorized  to  have  said  houses  and  furniture  in- 
sured against  damage  by  fire  or  other  casualty,  the  expenses 
incurred  from  sucli  insurance  to  be  paid  out  of  the  funds 
raised  for  general  district  purposes.     [Acts  of  1894.] 

§  79.  [Levying  and  Collecting  District  Taxes.] — Whenever  there 
shall  be  a  tax  levied  in  any  common  school  district,  or 
graded  school  district,  it  shall  be  the  duty  of  the  trustees  to 
appoint  a  district  treasurer,  w^ho  shall  hold  his  office  four 
years  and  until  his  successor  is  appointed  and  qualified,  un- 
less sooner  removed  by  the  county  superintendent,  which  he 
may  do  for  any  failure  on  the  part  of  said  treasurer  to  dis- 
charge his  duties  as  required  by  law.  Before  the  treasurer 
shall  enter  upon  the  discharge  of  his  duties,  he  shall  execute 
bond,  in  the  name  of  the  Commonwealth  of  Kentucky,  to 
the  board  of  trustees,  in  a  sum  equal  to  double  the  amount  of 
taxes  to  be  collected,  with  one  or  more  sufficient  sureties,  to 
be  approved  by  the  county  judge  or  a  justice  of  the  peace,  for 
the  faithful  performance  of  his  duties;  which  bond  shall  be  re- 
newed every  year.  The  tax  shall  be  levied  on  the  property 
of  the  district  as  may  be  assessed  and  equalized  for  county 
taxation  immediately  preceding  the  levy  by  the  trustees;  and 
within  ten  days  after  said  levy,  it  shall  be  the  duty  of  the 
district  treasurer,  with  the  assistance  of  the  county  super- 
intendent, to  make,  or  cause  to  be  made  from  the  assessor's 
book,  as  equalized  for  county  taxation,  and  the  records  of  as- 
sessments of  property  as  filed  by  the  railroad  commissioners 
or  board  of  assessment  in  the  office  of  the  county  clerk,  a  list 
of  the  names  of  all  persons  or  corporations  liable  for  such 
taxes,  and  the  amount  of  property  ow^ned  by  each  and  liable 
therefor,  and  the  total  amount  of  taxes  due  from  each,  and 


52  DISTRICT  TRUSTEES. 

shall  file  a  copy  of  list  with  the  board  of  trustees.  The  treas- 
urer shall  collect  all  taxes  levied  for  common  school  purposes 
ou  the  property  of  the  district.  The  holder  of  the  legal  title, 
aud  the  holder  of  the  equitable  title,  and  the  claimant  or 
bailee  in  possession  of  the  property  on  the  fifteenth  day  of  Sep- 
tember of  the  year  the  assessment  is  made,  shall  be  liable  for 
the  taxes  thereon;  but,  as  between  themselves,  it  shall  be  the 
duty  of  the  holder  of  the  equitable  title  to  list  the  property, 
and  pay  the  taxes  thereon,  whether  the  property  be  in  posses- 
sion or  not  at  the  time  of  the  payment.  The  board  of  trus- 
tees shall,  within  five  days  after  such  tax  list  shall  have  been 
delivered  to  the  chairman,  fix  the  time  in  which  such  taxes 
shall  be  paid  to  the  district  treasurer,  which  shall  not  be 
less  than  two  or  more  than  four  months  from  the  time  of 
making  such  order.  The  board  shall  cause  written  or  printed 
notices  of  the  amount  of  the  levy,  and  the  time  and  place  in 
which  the  tax  is  required  to  be  paid,-  to  be  posted  in  at  least 
three  public  places  in  the  district.  It  shall  be  the  duty  of  all 
tax-payers  to  pay  their  taxes  to  the  treasurer  at  the  time  and 
in  the  place  designated  in  the  notice.  On  failure  of  any  such 
tax-payer  to  pay  his  taxes  within  such  designated  period,  he 
shall,  at  the  expiration  thereof,  be  deemed  delinquent,  and  a 
penalty  of  five  per  centum  of  the  amount  of  the  taxes  due  shall 
attach  against  each  delinquent  at  the  expiration  of  the  period 
for  receiving  the  taxes.  It  shall  then  be  the  treasurer's  duty 
to  collect  sucii  delinquent  taxes,  and  levy  on  and  sell  property 
therefor,  and  make  report  thereof  to  the  board  of  trustees. 
The  treasurer  shall  collect  the  taxes  within  ninety  days  after 
receiving  the  list  by  sale  of  property  or  otherwise.  He  shall 
have  the  same  power  that  tlie  sheriff  now  has  in  the  collec- 
tion of  State  and  county  revenue,  and  proceed  in  the  same 
manner  and  receive  the  same  compensation  as  the  sheriff  was 
entitled  to  receive;  and  for  a  failure  to  perform  this  duty,  and 
other  duties  mentioned  in  this  section,  he  shall  be  liable  on  his 
bond;  and  all  such  delinquent  lists  as  may  now  be  in  the  hand» 
of  the  sheriffs  in  this  Commonwealth  uncollected,  shall  be 
returned  to  the  district  treasurer  for  collection  under  this 
amendment,  and  such  as  have  been  wholly  or  partly  collected 
by  sheriffs  shall  be  accounted  for  as  provided  in  the  original 
act.  The  treasurer  shall,  in  his  annual  report  to  the  trus- 
tees and  to  the  county  superintendent,  make  an  itemized 
statement  of  the  amount  levied,  the  purpose  of  such  levy,  the 
itemized    amount   collected,  the  amount,  disbursed,  and  the 


DISTRICT  TRUSTEES.  53 

amount  still  on  hand.  In  case  of  vacancy  by  resignation  or 
removal,  the  treasurer  shall  make  settlement  with,  and  turn 
over  all  moneys  to,  the  county  superintendent  immediately 
following  such  resignation  or  removal.  The  treasurer  and 
county  superintendents  holding  money  for  districts  shall  pay 
out  same  on  order  of  board  of  trustees  for  said  districts.  [Acts 
of  1894.] 

In  the  event  any  one  appointed  to  fill  said  office  fails  or 
refuses  to  qualify  as  such  treasurer  within  thirty  ^days  after 
his  appointment,  or  when  the  conditions  are  such  in  any 
school  district  that  the  board  of  trustees  deem  it  preferable 
for  the  sheriff  to  make  collections  of  local  taxes  levied  in  aid 
of  said  school  district,  instead  of  having  a  district  treasurer  for 
this  purpose,  it  shall  then  be  the  duty  of  the  sheriff  of  the 
county  to  collect  such  taxes  upon  the  advice  of  the  board  of 
trustees  that  the  taxes  have  been  levied,  and  the  amount  to 
collect;  and  the  sheriff*  in  such  cases  shall  discharge  all  the 
duties  pertaining  to  the  office  of  treasurer  as  provided  in  this 
act  (Levying  and  Collecting  Taxes.)      [Acts  of  1894  and  1898.] 

§  80.  [Tax  for  Incidental  Expenses.]— Unless  there  are  suffi- 
cieut  funds  on  hand  which  may  be  used  to  pay  the  contin- 
gent expenses  incident  to  conducting  the  school  comfortably, 
the  trustees  shall  assess,  and  the  treasurer  of  the  district  shall 
collect,  a  capitation  tax  of  one  dollar  and  fifty  cents,  or  less  on 
all  persons  having  children  attending  the  common  school  of 
the  district;  the  same  to  be  collected  as  provided  in  section  79, 
and  used  to  pay  for  fuel  and  other  things  needful  to  keep 
warm,  clean  and  comfortable  the  house  wherein  the  school  is 
conducted. 

§  81.  [Shall  Employ  and  May  Remove  Teacher.] — The  trustees 
in  their  corporate  capacity,  at  a  meeting  called  for  that  pur- 
pose, shall  employ  a  qualified  teacher,  agree  with  him  as  to 
compensation,  and  for  good  cause,  of  which  he  be  first  noti- 
fied in  writing,  remove  him,  subject  to  the  approval  of  the 
county  superintendent.  The  contract  between  the  teacher  and 
trustees  shall  not  be  entered  into  before  the  first  of  July  of  the 
calendar  year  in  which  the  school  is  to  begin.  It  shall  ex- 
pressly prescribe  that  its  terms  are  subject  to  all  the  provis- 
ions of  the  common  school  laws,  and  shall  be  in  writing, 
signed  by  the  teacher,  and  at  least  two  of  the  trustees. 
AVhenever  a  teacher  is  entitled  to  a  payment  for  having  taught 


54  DISTRICT  TRUSTEES. 

a  common  school,  it  shall  be  the  duty  of  the  trustees  of  the  dis- 
trict to  certify  that  the  school  has  been  legally  taught  for  the 
period  specified.  No  person  shall  be  allowed  to  teach  a  pri- 
vate or  other  school  in  any  district  schoolhouse,  unless  he  be 
of  good  moral  character,  and  have  the  consent  of  not  less 
than  two  of  the  trustees  of  the  district  in  which  said  school  is 
to  be  taught. 

§  82,  [Shall  Visit  Parents  to  Secure  Attendance  of  Children  at  School.] 
— During  the  two  months  preceding  the  opening  of  the 
school,  the  trustees  shall  visit  all  the  parents  of  pupil  children, 
and  urge  upon  them  the  necessity  of  prompt  and  regular  at- 
tendance at  school.  They  shall  make  careful  inquiry  as  to 
whether  any  children  are  unable  to  purchase  the  necessary 
books,  and  immediately  report  the  names  of  all  such  children 
to  the  county  superintendent  only.  During  the  progress  of 
the  school  the  trustees  shall  ascertain  the  causes  of  all  non- 
attendance  of  children,  and  shall  remove  such  causes  if  prac- 
ticable. • 

§  83.  [Regular  Duties  at  the  Schoolhouse  During  Session  of  the  School.] 
— The  board  of  trustees  shall  meet  at  the  schoolhouse 
on  the  day  of  the  opening  of  the  school,  and  at  the  same  place 
at  least  once  a  month  thereafter  during  the  session  of  the 
school.  At  each  meeting  they  shall  carefully  examine  the 
teacher's  register,  and  shall  consider:  (1.)  The  condition  of 
the  schoolhouse,  furniture,  apparatus  and  surroundings;  (2.) 
the  work  of  the  school;  (3)  the  attendance,  and  how  to  increase 
it;  (4)  the  needs  of  the  school,  such  as  fuel,  brooms,  buckets, 
crayons,  desks,  blackboards,  books,  etc.  They  shall  provide 
for  any  deficiency  that  may  exist  in  any  of  these  respects,  and 
see  that  the  regulations  for  the  government  of  the  school  are 
complied  with,  and  that  the  teacher  performs  his  duty;  they 
shall  see  that  a  sufficient  supply  of  good  water  is  furnished 
within  easy  access  of  the  schoolhouse  for  the  benefit  of  the 
school  during  the  term  of  school.  Upon  complaint  of  the 
teacher,  in  writing,  the  trustees  shall  have  power,  after  inves- 
tigation, to  suspend  a  pupil  or  expel  him  from  school.  When 
the  trustees  shall  ascertain  by  examining  the  teacher's  reg- 
ister or  monthly  report  that  the  average  daily  attendance  of 
twenty  consecutive  days  taught  has  been  less  than  twenty- 
five  per  cent,  of  the  total  number  of  pupil  children  of  the  dis- 
trict, as  shown  by  the  last  census,  they  shall,  with  the  consent 


DISTRICT  TRUSTEES.  55 

of  the  county  superintendent,  dismiss  the  teacher,  and  employ 
another  teacher  to  complete  the  session  of  the  school,  unless 
they  shall  be  satisfied  that  the  decreased  attendance  was  due 
to  such  natural  cause  as  high  water,  extremely  inclement 
Aveather,  epidemics,  or  unusual  sickness  in  the  district,  [Acts 
of  1894.] 

§  84.  [  Duty  in  Case  of  Any  '  Infectious  or  Contagious  Disease.  ] — 
When  any  family  shall  have  any  infectious  or  contagious  dis- 
ease, no  member  of  such  family  shall  attend  any  school  until 
the  trustees  thereof  shall  allow  them  to  do  so;  and  during  the 
prevalence  in  the  district  of  dangerous  epidemics  the  trustees 
shall  order  the  school  closed;  but  the  teacher  shall  not  be  re- 
quired to  lose  the  time  of  this  forced  suspension,  unless  so 
stipulated  in  his  contract. 

§  85.  [Annual  Census — Its  Character  and  Requirements — Penalty  for 
Fraud.]  —It  shall  be  the  duty  of  the  trustees  of  each  dis- 
trict, annually,  during  the  month  of  April,  to  take  an  exact 
census  of  all  the  children  that  reside  in  such  district  on  the 
first  day  of  April  who  will  be,  on  the  first  day  of  July  follow- 
ing, between  the  ages  of  six  and  twenty  years,  and  on  or  before 
the  first  day  of  May  report  a  list  of  the  same  to  the  county  su- 
perintendent, and  a  duplicate  list  to  the  clerk  of  the  county 
court,  to  be  filed  in  his  office,  specifying  the  name,  age,  sex  and 
names  of  the  parents  or  guardians  of  each  child,  to  be  en- 
tered in  a  book  furnished  him  by  the  State,  and  kept  as  part  of 
the  records  of  his  office.  Should  said  trustees  willfully  add 
to  the  list  the  names  of  persons  not  entitled  to  be  placed  on 
same,  or  otherwise  knowingly  make  a  false  list,  such  person 
thus  offending  shall,  in  addition  to  being  liable  to  punish- 
ment for  the  crime  of  false  swearing,  be  subject  to  a  fine  of 
not  less  than  fifty  dollars;  and  should  any  other  school  officer 
be  a  party  to  such  .fraudulent  lists,  or  any  way  aid  in  the 
commission  of  such  fraud,  he  shall  be  liable  to  the  same  pun- 
ishment. For  a  failure  to  take  such  census  and  report  the 
same  within  the  time  and  in  the  manner  herein  required, 
the  trustees  shall  be  liable  to  a  fine  of  not  less  than  twenty 
dollars;  and  said  trustees  shall  not  take  the  census  of  any 
children  who  have  recently  removed  into  the  district,  and  who 
have  been  previously  reported  in  the  census  of  the  pupil 
children  for  the  year  in  the  district  from  which  they  hav- 
removed,  or  who  had  recently  removed  into  the  district  froiii 


56  DISTRICT  TRUSTEES. 

another  State  or  county;  but  any  pupil  child  who  may  not 
have  been  reported  in  the  district  in  which  he  resides  may 
attend  the  common  school  without  payment.  This  section 
ishall  be  printed  in  the  census  blanks  furnished  by  the  Super- 
intendent of  Public  Instruction. 

§  86.  [  Report  School  Taught  —  Annual  Report. •] — At  the  termi- 
nation of  each  school  year  the  trustees  shall  make  a  report 
to  the  county  superintendent,  showinjjf,  in  tables  of  details 
and  aggregates,  the  length  of  time  taught,  the  highest,  lowest 
and  average  number  of  children  at  school;  the  cost  of  tuition 
of  each  child  for  the  session  and  per  month ;  the  number  of  pri- 
vate schools,  academies  and  colleges  taught  in  the  district, 
and  length  of  sessions  of  the  same;  the  number  of  teachers 
employed,  male,  female  and  total,  for  the  common  schools; 
the  wages  of  male  or  female  teachers;  the  amount  of  money 
raised  for  common  school  purposes  in  the  district  by  county 
and  district  tax  or  otherwise,  and  for  what  the  same  was 
disbursed;  the  kind  and  value  of  schoolhouses,  and  the  num- 
ber of  volumes  in  district  library,  if  any;  and  any  other  in- 
formation required  of  them  by  the  county  superintendent 
touching  the  school. 

§  87.  [Chairman  Shall  Sign  His  Reports— Penalty  for  Failure  to  Make 
Any.] — The  chairman  of  the  board  of  trustees  shall  sign  all 
reports  made  by  him;  and  for  a  failure  to  make  any  such 
report  within  thirty  days  after  the  same  is  required 
by  law,  shall  be  subject  to  a  fine  of  twenty  dollars,  and,  be- 
sides, shall  be  liable  to  an  action  for  damages  by  any  per- 
son injured  thereby. 

§  88.  [  Penalty  for  buying  Teacher's  Claim  and  for  Fraud  in  Employ- 
ing  Teachers.] — jsio  trustee  shall  be  allowed  to  buy  any  teach- 
er's claim,  directly  or  indirectly,  under  the  penalty  of  re- 
moval from  office  by  the  county  superintendent.  Any  teacher 
who  shall  offer  or  give,  directly  or  indirectly,  and  any  trustee 
who  shall  ask  or  accept,  directly  or  indirectly,  either  for 
himself,  for  another  trustee,  for  the  district,  the  school  or 
the  schoolhouse,  any  valuable  consideration  other  than  the 
services  of  the  teacher  for  employing,  or  for  being  a  party 
to  employing  any  teacher,  shall  be  deemed  guilty  of  bribery, 
and  upon  indictment  and  conviction  thereof,  shall  be  fined 
as  provided  by  law  for  the  punishment  of  bribery. 


DISTRICT  TRUSTEES.  57 

§  89.    [  Penalty  for    Neglect    of    Duty  or  for  Misfeasance  in  Office.] — 

For  any  neglect  of  duty  or  misfeasance  or  malfeasance 
in  office,  the  trustees  shall,  in  addition  to  being  fined  as 
aforesaid,  be  removed  from  office  by  the  county  superintend- 
ent, who,  in  investigating  such  matters,  as  well  as  the  mat- 
ters set  out  in  sections  55, 133, 136,  shall  have  the  same  power 
to  issue  subpoenas  and  attachments  for  witnesses,  and  to 
compel  their  attendance  and  testimony,  as  is  possessed  by  the 
judge  of  the  quarterh^  court  in  examining  trials  of  persons 
charged  with  offenses  against  the  law ;  and  sheriffs,  constables 
and  marshals  shall  be  under  the  same  obligations  and  subject 
to  the  same  penalties  for  neglect  or  refusal  to  execute  the  or- 
ders of  said  superintendent  as  for  refusal  or  neglect  to  exe- 
cute the  orders  of  the  judge  of  the  quarterly  court  of  the 
county,  and  from  the  decision  of  the  county  superintendent 
any  party  aggrieved  may  appeal  to  the  Superintendent  of 
Public  In^ruction.     [Acts  of  1894] 

§  90.  [Por  Services,  Chairman  Exempt  From  Certain  Duties.] — The 
chairman  of  the  board  of  trustees,  in  consideration  of  his 
Services,  shall  be  exempt  from  duty  as  overseer  or  a  hand 
upon  a  public  highway,  and  from  militia  duty. 

§  91.  [Penalty  for  Willful  Failure  or  Neglect.] — If  any  person 
who  is  elected  or  appointed  trustee  of  a  common  school 
under  the  provisions  of  this  act,  shall  willfully  fail  or  neg- 
lect, after  having  accepted  said  office,  to  perform  the  duties 
imposed  upon  him  herein,  he  shall  be  fined  fifty  dollars 
therefor. 

§  92.  [Duty  to  Successor.] — A  trustee,  when  he  resigns,  va- 
cates, is  removed,  or  goes  out  of  office,  shall,  within  ten  days 
thereafter,  deliver  to  his  successor  any  money,  property,  books 
or  papers  in  his  custody  as  trustee;  and  for  failure  therein,  he 
may  be  fined  any  sum  not  exceeding  fifty  dollars;  and  it  shall 
be  the  duty  of  the  county  superintendent  to  report  all  such 
defaults  to  the  grand  jury. 


58 


DISTRICT    TAXATION. 


IX.    DISTRICT  TAXATION. 


93.  Levy   of   district    tax  in   aid    of 

common  schools,  contingent 
upon  the  will  of  the  people. 

94.  How  will    of    the    people    deter- 

mined; qualified  voters;  no- 
tices of  tax,  stating  amount 
and  object  of  tax,  and  time 
and  place  of  voting,  shall  be 
duly  posted;  when  distract 
lines  pass  through  the  lands 
of  one  person,  where  taxes 
shall  be  levied  and  paid. 

95.  Question  of  local  taxation  may 

be  submitted  at  any  time  once 
a  year,  after  notices  duly  post- 
ed; when  amount,  object  and 
length  of  time  clearly  and  dis- 
tinctly stated,  tax  may  be  vot- 
ed for  three  successive  years. 


§  96.  Duties  of  officers  of  election 
prescribed;  in  case  majority  of 
voters  in  favor  of  tax,  duty  of 
County  Superintendent  and  of 
Treasurer. 

97.  Assessment,  collection,  etc.,  gov- 

erned by  §  79. 

98.  In  his  annual  report  to  the  Sup- 

erintendent of  Public',  Instruc- 
tion, the  Oounty  Superintend- 
ent shall  make  report  of 
amount  of  money  thus  raised 
and   how  appropriated. 

99.  A   tax  under  the  foregoing  sec- 

tions shall  not  exceed,  in  any 
one  year,  twenty-five  cents  on 
the  hundred  dollars'  worth  of 
taxable  property  in  the  dis- 
trict, and  one  dollar  on  each 
poll. 


§  93.  [District  Tax— Levy  of,  When  Lawful.] — If  any  common 
school  district  in  the  State,  in  which  the  clearly  ascertaine4 
Avill  of  the  people  shall  be  in  favor  of  a  district  tax  in  aid  of  the 
common  school  therein,  the  levying  of  such  a  tax  therein  shall 
be  lawful. 


§  94.  [How  Will  of  the  People  Determined.] — The  will  of  the 
people  of  any  district  in  relation  to  such  a  tax  therein  shall  be 
determined  by  a  vote  of  the  qualified  voters  thereof  at  the  time 
and  place  and  in  the  manner  prescribed  in  section  72  of  this 
chapter  for  the  election  of  district  trustees;  and  any  widow  or 
spinster  residing  in  any  school  district,  who  is  a  tax-payer,  or 
Avho  has  children  within  the  ages  fixed  by  the  common  school 
laws  to  be  educated,  shall  be  deemed  a  qualified  voter  under 
this  chaijter.  But  i)reviously  to  the  taking  of  such  a  vote, 
printed  notices,  signed  by  the  county  school  superintendent  of 
the  county  in  which  such  district  lies,  and  by  a  majority  of  the 
trustees  of  such  district,  stating  the  amount  and  object  of  the 
tax  proposed  to  be  raised,  and  the  time  and  place  of  taking  the 
vote,  shall  have  been  posted  by  the  chairman  for  fifteen  days, 
at  three  or  more  prominent  places  in  the  district;  and  when 
lines  dividing  school  districts  pass  through  the  lands  of  any 
person,  dividing  the  same,  the  taxes  shall  be  levied  and  paid  to 
the  district  where  the  homestead  may  be  situated. 


DISTRICT    TAXATION.  59 

§  95.  [Local  Taxation — When  and  How  Submitted.] — The  question 
of  district  taxation  may  be  submitted  to  the  legal  voters 
of  the  district  every  school  year;  but  when  the  amount,  object 
and  length  of  time  are  distinctly  stated  to  the  voters,  the  tax 
may  be  voted  at  one  election,  to  continue  three  successive 
years.  The  proceeds  of  such  tax  shall  be  expended  for  any  of 
the  objects  herein  specified,  and  for  no  other  object.  The 
extension  of  the  common  school  for  a  longer  term,  the  better 
payment  of  the  teacher  thereof. 

§  96.  [Duties  of  Officers  of  the  Election,  Etc.]— It  shall  be  the 
duty  of  the  officers  holding  the  election  to  open  the  poll,  and 
an  officer  of  the  election  shall  propound  to  each  voter  who 
votes,  the  question:  "Are  you  in  favor  of  the  district  school 
tax?"  and  his  vote  shall  be  recorded  for  or  against  said  tax  as 
he  directs.  The  officers  of  the  election  shall  return  a  fair  and 
true  record  of  the  votes  taken  for  and  against  such  tax,  certi- 
fied and  sworn  to  by  themselves,  before  some  officer  authorized 
to  administer  oaths,  to  the  county  school  superintendent;  and 
if  it  be  found  that  a  majority  of  those  voting  shall  have  voted 
in  favor  of  such  district  tax,  it  shall  be  the  duty  of  the  county 
superintendent  to  furnish  the  district  treasurer  with  the 
boundary  of  the  district,  and  said  treasurer  shall  collect  said 
district  tax. 

§  97.  [  Assessment,  Etc.,  How  Governed.  ] — The  assessment  of 
propert}^,  the  collection  of  taxes,  the  powers  and  duties  of 
trustees  and  other  officers  under  this  article,  shall  be  governed 
by  section  seventy-nine  of  this  chapter. 

§  98.  ['Report  by  County  Superintendent.] — The  county  superin- 
tendent shall,  in  making  his  annual  report  to  the  Superintend- 
ent of  Public  Instruction  of  the  schools  taught  in  his  county, 
make  report  also  of  the  amount  of  money  thus  raised,  and  the 
manner  in  which  it  has  been  appropriated. 

§  99.  [Limit  of  Tax  in  Any  One  Year.]— The  tax  allowed  under 
the  foregoing  sections  shall  not  exceed  twenty -five  cents  in  any 
one  year  on  the  one  hundred  dollars'  worth  of  taxable  propert}- 
in  the  district,  and  one  dollar  on  each  white  male  person  twen- 
ty-one years  of  age  or  over,  and  the  provisions  of  section  [79] 
shall  apply  to  any  tax  imposed  under  this  article. 


60 


GRADED    COMMON    SCHOOLS. 


X.     GRADED  COMMON  SCHOOLS. 


100.  Conditions  on  which  a  graded 

free  school  district  may  be 
formed  and  a  graded  free 
school  established.  Duties  of 
County  Judge. 

101.  Duty  of  County  Court  Clerk  to 

give  within  ten  days,  to 
Sheriff  a  certified  copy  of  order 
when  made  by  County  Judge. 

102.  When  duty  of  Sheriff,  or  other 

ofllcer  who  may  hold  election, 
to  publish,  advertise,  and  post 
notices  of  election. 

103.  Ques-tion  proposed  to  each  voter 

who  votes;  votes  shall  be 
duly  recorded. 

104.  If  a  majority  of  the  legal  white 

voters  entitled  to  vote,  cast 
their  votes  in  favor  of  said 
tax.  it  shall  be  the  duty  of  the 
County  Judge,  with  the  assis- 
tance of  the  County  Superin- 
tendent of  common  schools,  to 
organize  a  graded  free  school. 

105.  Each  graded  free  school  district 

when  organized,  is  incorpor- 
ated and  under  a  board  of  six 
trustees  elected  at  same  time 
and  place  and  by  the  same 
persons  who  vote  the  tax. 

106.  Style,  province,  and  powers  of 

the  Board  of  Trustees;  title  to 
all  property  of  graded  free 
schools  vested  in  said  board 
and  their  successors  in  office. 

107.  Classification   of    Trustees     by 

lot;  respective  terms  of  oflice; 
successors  shall  be  elected  at 
the  same  time  and  for  the 
same  term  as  Trustees  of  com- 
mon schools;  vacancy,  how 
filled  and  for  what  term. 

108.  Trustees,  before  entering  on  the 

discharge  of  their  duties,  shall 
take  oath  of  oflace. 

109.  Trustees  may  adopt  proper  by- 

laws and  rule  for  the  control, 
government,  and  management 
of  the  graded  free  school,  and 
shall  keep  a  journal  of  their 
proceedings  subject  to  inspec- 
tion by  any  citizen  of  the  dis- 
trict. 

110.  Appointment,  employment,  com- 

pensation, examination,  and 
qualifioations  of  teachers; 
course  of  study. 

111.  Secretary  of  city  board  must  re- 

port to  Superintendent  of  Pub- 
lic Instruction. 


J  112.  Board  of  Trustees  shall  elect  a 
President  and  Secretary  and 
prescribe  their  duties;  reports 
and  publication  required  an- 
nually. 

113.  Free    tuition    to  resident  white 

pupil  children. 

114.  Terms    of    admission    to    other 

persons  than  resident  pupil 
children. 

115.  Board  of    Trustees    shall    have 

power  to  appoint  a  Treasurer, 
who  shall  duly  execute  bond 
with  sufficient  securities;  du- 
ties and  resiponsibilities  of 
Treasurer. 
IIG.  The  County  Superintendent  of 
common  schools  shall  annually 
and  promptly  pay  to  the  Treas- 
urer of  any  graded  free  school 
district,  duly  organized  and 
operating  in  his  county,  the 
pro  rata  of  the  State  and 
county  funds  due  said  district. 

117.  Board  of  Trustees  shall  provide 

funds  for  purchasing  suitable 
grounds  and  buildings  and 
other  needful  exi>enses  for  con- 
ducting a  good  graded  free 
school;  issuance  of  bonds^- 
limitation  in  amount  and  time, 
denomination,  interest  of,  and 
management,  how  sold  and 
applied. 

118.  Levy  of  annual  tax  on  taxable 

property  and  levy  of  capita- 
tion tax — provision  for  sink- 
ing fund. 

119.  Assessment,    collection,   etc.,    to 

be  governed  by  §  79. 

120.  Title  to  all  common  school  prop- 

erty within  graded  free  school 
district  duly  organized,  and 
power  to  sell  and  convey 
same,  vested  in  the  Board  of 
Trustees. 

121.  After    first   election  and    organ- 

ization of  graded  free  school, 
Board  of  Trustees  shall  ap- 
point oflacers  of  elections, 
their  responsibilities,  penal- 
ties, and  powers. 

122.  When    proposition    to   establish 

school  fails,  a  vote  may  be 
had  again  in  two  years. 

123.  Provisions  of  this  act  shall  ap- 

ply to  such  graded  free  school 
districts  as  may  be  organized 
by  the  colored  people  of  this 
Commonwealth. 


GRADED    COMMON    SCHOOLS. 


61 


X.     GRADED  COMMON  SCHOOLS— Coiitiiitted. 


124.  Provisions  as  to  cities  of  fifth 

and  sixth  classes,  and  school, 
organized  by  special  act. 

125.  Provisions    as    to   first,    second, 

third,  and  fourth  class  cities. 

126.  Tax   to   complete  school   build- 

ings and  pay  debt  contracted 
under  old  constitution. 

127.  Interest  on  bonds  not  to  exceed 

6  per  cent.  Bonds  must  be  is- 
sued by  majority  of  the  Trus- 
tees— payable  in  amounts  and 
at  times  and  places  determin- 
ed oy  them. 


§  128.  How  assessment  and  colleotions 
are  to  be  governed. 

129.  Tax   to   pay  bonds   and   interest 

levied  on  second  Monday  in 
May  annually.  —   - 

130.  Bonds    must    be  signed    by  the 

Chairman  of  Board,  and  coun- 
tersigned by  secretary.  Treas- 
urer must  settle  on  first  Mon- 
day in  January,  each  year,  or 
may  be  required  to  do  so 
quarterly. 


§  100.  [Conditions  for  Establishing  a  Graded  Free  School  District  and 
School.]— It  shall  be  the  duty  of  the  county  judge  in  each 
county  of  this  Commonwealth,  upon  a  written  petition, 
signed  by  at  least  ten  legal  voters,  who  are  tax-payers  in  the 
justice's  district,  town  or  city  of  the  fifth  or  sixth  classes  in  his 
county,  to  make  an  order  on  his  order-book  at  the  next  regular 
term  of  this  court  after  he  receives  said  petition,  fixing  the 
boundary  of  any  proposed  graded  common  school  district,  as 
agreed  on  by  the  county  judge  and  the  petitioners,  and  direct- 
ing the  sheriff,  or  other  officer  whose  duty  it  may  be  to  hold  the 
election,  to  open  a  poll  in  said  proposed  graded  common  school 
district  at  the  next  regular  State,  town  or  city  election  to  be 
held  therein,  or  on  any  other  day  fixed  by  said  judge  in  said 
order,  not  in  either  case  earlier  than  forty  days  from  the  date 
of  said  order,  for  the  purpose  of  taking  the  sense  of  the  legal 
white  voters  in  said  proposed  graded  common  school  district 
upon  the  proposition  whether  or  not  they  will  vote  an  annual 
tax,  in  any  sum  named  in  said  order,  not  exceeding  fifty  (50) 
cents  on  each  one  hundred  dollars  (flOO)  of  property  assessed 
in  said  proposed  graded  common  school  district,  town  or  city, 
belonging  to  said  white  voters,  or  a  poll  tax  in  any  sum  named 
in  said  order  not  exceeding  one  dollar  and  fifty  cents  (|1.50)  per 
capita  on  each  white  male  inhabitant  over  twenty-one  (21) 
3^ears  of  age  residing  in  said  proposed  graded  common  school 
district,  or  both  an  ad  valorem  and  a  poll  tax,  if  so  stated  in 
the  said  order,  for  the  purpose  of  maintaining  a  graded  com- 
mon school  in  said  proposed  graded  common  school  district, 
and  for  erecting,  purchasing  or  repairing  suitable  buildings 


62  GRADED    COMMON    SCHOOLS. 

therefor  if  necessary:  Provided,  That  the  proposition, to  estab- 
lish any  graded  common  school  district  and  school,  as  provided 
for  in  this  section,  is  approved  in  writing  on  the  petition  to  the 
county  judge  by  a  majority  of  the  trustees  of  any  common 
school  district,  included  wholly  or  partly  within  the  boundary 
of  said  proposed  graded  common  school  district,  and  approved 
in  writing  on  said  petition  by  the  county  superintendent  of 
common  schools;  that  no  point  on  the  boundary  of  any  pro- 
posed graded  common  school  district  be  more  than  two  and 
one-half  miles  from  the  site  of  its  proposed  schoolhouse,  and 
that  the  location  and  site  of  said  schoolhouse  in  said  district 
are  set  out  with  exactness  in  said  petition  to  the  county  judge. 
If  at  any  time,  two  years  having  intervened  since  such  graded 
common  school  district  was  established,  it  becomes  desirable 
to  change  the  boundary  of  the  same,  it  shall  be  the  duty  of  the 
county  judge,  upon  a  written  petition  signed  by  the  person  or 
persons  desiring  to  be  changed,  who  are,  under  this  law%  legal 
voters  in  the  school  district  or  districts  in  which  they. reside 
and  who  at  the  same  time  own  the  real  estate  sought  to  be 
transferred  to  make  an  order  on  his  order-book  at  the  next 
regular  term  of  his  court  after  receiving  said  petition,  fixing 
the  new  boundary  of  the  said  graded  or  common  school  dis- 
trict as  agreed  on  by  the  county  judge  and  the  petitioners. 
Such  petition,  to  be  valid,  shall  set  out  in  full  the  new  bound- 
ary of  said  district,  which  shall  be  recorded  as  in  case  of 
the  original  boundary,  and  a  copy  of  the  same  shall  be  fur- 
nished the  Board  of  Education  of  said  graded  common  school 
district,  but  no  such  change  shall  be  made  unless  said  petition 
be  approved  in  writing  by  a  majority  of  the  Board  of  Educa- 
tion of  each  district  concerned,  as  well  as  by  the  county  super- 
intendent. The  provisions  of  this  act,  under  like  conditions 
and  restrictions,  touching  change  of  boundary,  shall  apply 
equally  to  changes  in  boundary  of  districts  heretofore  estab- 
lished by  local  or  special  law,  which  incorporates  any  city, 
town  or  village  as  one  district,  as  described  in  section  seventy- 
one  of  an  act  to  provide  for  an  efficient  system  of  common 
schools  throughout  the  State,  approved  July  sixth,  eighteen 
hundred  and  ninety-three.     [Approved  May  26,  1897.] 

§  101.  [Duty  of  County  Clerk.]  _lt  shall  be  the  duty  of  the 
county  court  clerk  to  give  to  said  sheriff  or  other  officer  a 
certified  copy  of  the  order  of  the  judge  of  the  county  court,  as 


I 


GRADED    COMMON    SCHOOLS.  63 

it  appears  in  his-  order-book,  within  ten  days  after  said  order 
is  made. 

§  102.  [  Duty  of  Sheriff  or  of  Other  Officer  Who  May  Hold  Elec= 
lion.] — It  shall  be  the  duty  of  said  sheriff  or  other  officer  to  have 
the  order  of  the  county  judge  published  in  some  weekly  or 
daily  newspaper  published  in  the  county  for  at  least  twenty 
days  before  the  election,  and  also  to  advertise  the  same-by 
printed  or  written  handbills,  posted  at  five  conspicuous  places 
in  said  proposed  graded  common  school  district  for  the  same 
length  of  time;  but  if  there  be  no  daily  or  weekly  newspaper 
l)ublished  in  the  county,  the  printed  or  written  handbills, 
posted  as  before  provided,  shall  be  sufficient  notice.  The  said 
sheriff  or  other  officer  shall  have  the  advertisement  inserted, 
and  notices  herein  provided  for  posted,  within  ten  days  after 
he  receives  the  order  of  the  county  judge,  and  at  least  twenty 
days  before  the  election. 

§  103.  [  Manner  and  Object  of  the  EIection.]__The  said  sheriff 
or  other  officer  shall  appoint  a  judge  and  a  clerk  of  the  said 
election,  w^ho  shall  take  and  subscribe  to  an  oath  for  the  faith- 
ful performance  of  his  duties.  On  the  day  set  apart  for  the 
election,  the  officers  shall  open  a  poll,  and.  shall  propound  to 
each  voter  who  may  vote  the  question,  "Are  you  for  or  against 
the  graded  common  school  tax?*'  and  his  vote  shall  be  recorded 
for  or  against  the  same  as  he  may  direct. 

§  104.  [  If  Tax  Voted,  Duty  of  County  Judge,  County  Superin= 
tendent  and  Trustees.] — If  it  shall  appear  that  a  majority  of  the 
votes  cast  at  the  said  election  were  in  favor  of  said  tax,  then  it 
shall  be  the  duty  of  the  county  judge  to  cause  the  certiflcatTe 
of  the  examining  board  showing  the  amount  of  tax  voted,  and 
the  names  of  the  six  trustees  elected,  to  be  entered  of  record  in 
the  order-book  of  his  court,  and  to  give  a  copy  thereof  to  the 
county  superintendent,  who,  in  connection  with  the  trustees, 
shall  organize  a  graded  common  school  in  said  district  in 
accordance  with  the  provisions  of  this  law.. 

§  105.  [Board  of  Trustees.]_The  graded  common  school  dis- 
tricts, when  organized  as  aforesaid,  are  hereby  incorporated, 
and  each  of  them  shall  be  under  the  management  and  control 
of  a  board  of  six  trustees.  The  first  board  to  be  elected  at  the 
same  time  and  place,  and  by  the  same  persons  who  vote  at  the 


64  GRADED    COMMON    SCHOOLS. 

election  for  the  tax,  as  provided  in  sections  ninety-five  and 
ninety-eight  of  this  law;  and  the  six  persons  receiving  the 
highest  number  of  votes  cast  shall  be  declared  elected  trustees. 

§  106.      [Style,  Province    and    Power   of    Board  of   Trustees.] 

The  persons  so  elected  shall  be  named  and  styled  "The  Board 
of  Trustees  of  the — —Graded  Common  School  Dis- 
trict/^ and  in  that  name  may  sue  and  be  sued,  contract  and  be 
contracted  with,  and  as  a  natural  person  may  acquire,  hold, 
dispose  of  and  convey,  by  purchase,  gift,  devise  or  otherwise, 
any  real  or  personal  estate,  goods  and  chattels,  necessary  and 
convenient  for  the  uses  and  purposes  of  such  graded  common 
school;  and  the  title  to  all  such  property  shall  vest  in  said 
board  of  trustees  and  their  successors  in  office,  to  be  held 
sacred  for  the  use  and  benefit  of  said  graded  common  school 
district. 

§  107.  [  Classification  of  Trustees — Regular  Election  of — Va- 
cancy, How  Filled]— The  trustees  thus  elected  shall  be  divided 
by  lots  into  three  classes,  to  hold  their  offices  for  one,  two  and 
three  years  respectively,  or  until  their  successors  are  elected 
and  qualified;  the  two  trustees  selected  for  the  shortest  term 
to  retire  from  office  on  the  second  Saturday  in  May  following 
their  election;  and  the  two  selected  for  the  second  shortest 
term,  and  the  two  selected  for  the  longest  term,  shall  serve  one 
year  and  two  years  respectively  after  the  second  Saturday  in 
May  following  their  election.  On  the  first  Saturday  in  May 
following  the  first  election  of  trustee  under  this  act,  and  the 
first  Saturday  in  May  of  each  year  thereafter,  there  shall  be 
elected  as  trustees  of  common  schools  are  elected  two  trustees 
of  the  said  graded  common  school  district,  w^ho  shall  qualify 
on  the  second  Saturday  of  the  month  of  their  election,  to  suc- 
ceed the  two  trustees  retiring  from  office,  and  to  serve  three 
years,  and  until  their  successors  are  elected  and  qualified.  If, 
at  any  time,  there  should  be  a  vacancy  in  said  board,  the  same 
shall  be  filled  by  election  by  the  remaining  members,  and  the 
person  elected  to  fill  such  vacancy  shall  hold  his  office  until  the 
next  regular  election,  when  his  successor  shall  be  elected  to 
fill  out  the  unexpired  term. 

§  108.  [Official  Oath  Required  of  Trustees] —Said  trustees, 
before  entering  upion  the  discharge  of  their  duties,  shall  each 
take  an  oath  faithfully  to  perform  the  duties  required  of  them 
under  this  law. 


GRADED    COMMON    SCHOOLS.  65 

1  .         !  . 

§  109.  [By-Laws  and  Rules— Journal  of  Proceedings] — Said 
trustees  may  adopt  such  by-laws  aud  rules  for  the  government 
of  themselves  and  their  appointees,  and  for  the  control,  gov- 
ernment and  management  of  graded  common  schools  in  their 
respective  districts,  as  they  may  deem  necessary,  not  in  con- 
flict with  law,  and  shall  keep  a  journal  of  their  proceedings, 
which  shall  be  open  at  all  times  to  the  inspection  of  any  citizen 
of  the  graded  common  school  district  in  which  he  or  she  may 
reside. 

§   110.    [Appointment  and  Qualifications  of  Teachers— Course  of 

Study]— Said  trustees  shall  appoint  and  employ  a  principal  and 
all  teachers,  and  fix  their  compensation,  and  may  suspend  or 
dismiss  them,  or  any  other  person  appointed  or  employed  by 
them;  may  prescribe  the  branches  (other  than  those  required 
by  law  to  be  taught  in  the  common  schools)  which  may  be 
taught  in  said  graded  common  schools,  and  prescribe  the  nee- 
essary  qualifications,  and  the  mode  of  examination  of  appli^ 
cants  for  positions  as  superintendent,  principals  or  teachers 
in  said  graded  common  schools;  but  no  person  shall  be  ap- 
pointed or  employed  as  superintendent,  principal  or  teacher  in 
any  graded  common  school  organized  under  the  provisions  of 
this  law  who  is  not  a  person  of  good  moral  character,  and  wEo 
has  not  a  county  certificate,  as  required  by  the  common  school 
law  of  Kentucky.  Each  teacher  in  a  graded  common  school, 
except  in  cities  of  the  first,  second,  third  and  fourth  classes, 
shall  be  required  to  keep  a  register  as  prescribed  in  section  134 
for  teachers  of  other  common  schools,  which  register  shall  be 
left  with  the  president  of  the  board  of  trustees,  who  shall  be 
responsible  for  it,  and  return  it  to  the  teacher  at  the  opening 
of  the  next  school  term.  From  the  registers  in  the  hands  of 
the  several  teachers  in  th"e  graded  common  school,  and  the 
record  kept  by  the  board  of  trustees,  the  principal  teacher  and 
the  president  of  the  board  of  trustees  shall,  within  ten  days 
after  the  close  of  the  school,  make  a  report  to  the  county  super- 
intendent, being  provided  with  blanks  therefor  by  the  super- 
intendent; said  report  to  give  such  information  as  is  specified 
in  section  eighty-six  of  this  law. 

§  111.  [Secretary  of  City  School  Board  Must  Report] — It  shall 
be  the  duty  of  each  secretary  of  the  board  of  trustees  of 
schools,  maintained  wholly  or  in  part  by  the  State,  in  cities  of 


66  GRADED    COMMON    SCHOOLS. 

the  first,  second,  third  and  fourth  classes,  to  report  annually, 
on  or  before  the  first  of  September,  to  the  Superintendent  of 
Public  Instruction,  such  facts  as  will  enable  him,  in  his 
reports  to  the  General  Assembly,  to  give  the  important  school 
statistics  of  such  cities  in  connection  with  those  of  the  county 
in  which  they  are  situated.  The  secretary  shall  be  supplied 
by  the  Superintendent  of  Public  Instruction  with  blanks 
Therefor. 

§  112.  [President  and  Secretary  of  Board]— The  said  trustees 
shall  elect  one  of  their  number  president,  who  shall  preside  at 
their  meetings,  and  perform  such  other  duties  as  may  be 
required  of  him,  and  they  may  elect  a  secretary,  and  prescribe 
his  duties.  The  president  and  secretary,  or  either  of  them, 
shall  make  such  reports  to  the  county  superintendent  as  are 
required  of  common  school  trustees,  and  shall  publish  annu- 
ally such  information  as  will  show  the  financial  condition  of 
the  graded  common  school  district,  and  such  other  facts  as 
they  may  deem  beneficial  to  the  cause  of  education  in  their 
respective  districts. 

§  113.     [Free  Tuition  to  Resident  Wliite  Pupil  Children] — All 

white  children  within  the  common  school  age  residing  in  any 
graded  common  school  district  shall  have  the  right  of  free 
admission  to  the  graded  common  school  thereof. 

§  114.  [Terms  of  Admission  of  Other  Pupils] — The  trustees 
may  admit  into  said  graded  common  school  children  who  do 
not  reside  within  the  said  district,  or  persons  over  the  common 
school  age,  on  such  terms  and  conditions,  and  upon  the  pay- 
ment of  such  tuition  and  other  fees  as  they  may  deem  proper. 

§  115.  [Treasurer, His  Duties  and  Responsibilities] — The  said 
board  of  trustees  shall  appoint  a  treasurer  for  said  graded  com- 
mon school  district,  who,  before  entering  upon  the  duties  of 
his  office,  shall,  in  the  county  court,  execute  bond,  with  sure- 
ties approved  by  the  court,  payable  to  the  commonwealth  of 
Kentucky,  for  the  use  and  benefit  of  the  trustees  of  said  graded 
common  school  district,  conditioned  for  the  faithful  perform- 
ance of  his  duties  under  this  article.  All  funds  arising  from 
the  sale  of  bonds  under  this  law,  and  all  funds  collected  for 
the  purpose  of  defraying  the  annual  expenses  of  said  schools. 


GRADED    COMMON    SCHOOLS.  67 

and  for  the  payment  of  the  principal  and  interest  of  said 
bonds,  or  for  any  other  purpose,  shall  go  into  the  hands  of  said 
treasurer,  who  shall,  together  with  his  sureties,  be  responsible 
therefor.  Said  treasurer  shall  pay  out  said  funds  only  for  the 
purpose  for  which  they  were  respectively  collected,  upon  the 
written  order  of  the  president  and  secretary  of  said  board  of 
trustees.  The  board  of  trustees  shall  pay  its  treasurer  such 
sum  for  his  services  as  shall  be  reasonable  and  just. 

§  116.  [  Payment  of  Pro  Rata  of  the  State  and  the  County 
Funds] — The  county  superintendent  of  common  schools  shall, 
annually,  pay  to  the  treasurer  of  any  graded  common  school 
district  that  may  be  organized  and  operating  in  his  county,  in 
conformity  with  this  article,  the  pro  rata  portion  of  the  State 
and  county  fund  due  the  said  district,  according  to  the  number 
of  pupil  children  therein,  as  soon  as  the  same  shall  come  into 
his  hands;  or,  if  desired  by  the  trustees,  he  may  pay  in  Janu- 
ary the  full  amount  due  said  district. 

§  117.    [  Provisions  of  Grounds  and  Buildings,  and  Issuance  of 

Bonds]— Said  board  of  trustees  shall  provide  funds  for  pur- 
chasing suitable  grounds  and  buildings,  or  for  erecting  or 
repairing  suitable  buildings,  and  for  other  expenses  needful 
in  conducting  a  good  graded  common  school  in  their  graded 
common  school  district;  and  to  this  end  they  may  use  such 
part  of  the  proceeds  of  the  said  tax  as  they  deem  neces- 
sary, and  it  shall  be  the  duty  of  said  board  of  trustees,  and  if, 
in  their  opinion,  it  be  necessary,  and  they  are  hereby^author- 
ized  and  empowered  to  order  an  election  and  submit  to  the  vot- 
ers of  their  respective  graded  common  school  districts  the 
question  whether  or  not  the  trustees  thereof  shall  issue  bonds 
of  their  respective  graded  common  school  districts,  in  any 
amount  not  exceeding  the  limit  provided  by  section  (157)  one 
hundred  and  fifty-seven  and  (158)  one.  hundred  and  fifty-eight 
of  the  present  Constitution  of  this  State,  for  the  purpose  of  pro- 
viding suitable  grounds,  school  buildings,  furniture  and  appa- 
ratus for  their  respective  graded  common  school  districts: 
Provided^  That  due  notice  of  said  election  shall  be  given  by  the 
trustees  of  their  respective  districts,  by  written  or  printed 
posters  not  less  than  one  foot  square,  signed  by  the  trustees  of 
their  respective  districts,  stating  the  time,  place  and  hours  of 
said  election,  posted  at  not  less  than  six  public,  conspicuous 


68  GRADED    COMMON    SCHOOLS. 

places  ill  the  district  for  ten  days  previous  to  the  day  of  the 
election,  and  by  one  insertion  thereof  in  the  newspaper,  if  any, 
])ublished  in  said  district.  The  board  shall  appoint  two  judges, 
a  clerk  and  a  sheriff  to  hold  said  election,  who  shall  be  first 
duly  sworn  before  acting,  and  shall  be  housekeepers  and  tax- 
payers, resident  in  the  district  for  which  they  are  appointed, 
and  one  of  the  judges  shall  ask  of  each  voter:  "Are  you  in 
favor  of  the  issue  of  bonds  by  the  trustees  of  the  graded  com- 
mon school  of  this  district,  for  the  purpose  of  providing  suit- 
able  grounds,  school  buildings,  furniture  and  apparatus  for 
this  district?"  and  the  clerk  shall  record  the  answer,  "Yes''  or 
"No,"  as  given  by  the  voter.  If  two-thirds  of  the  voters  voting 
at  said  election  vote  in  favor  of  the  issue  of  the  bonds,  then  the 
trustees  of  such  graded  common  school  district  may  issue  the 
bonds  of  said  district  for  an  amount  not  exceeding  the  consti- 
tutional limit  and  in  conformity  with  the  Constitution  of  this 
State.  And,  for  the  purpose  of  meeting  the  interest  on  such 
bonds  and  creating  a  sinking  fund  for  the  payment  of  the  prin- 
cipal thereof,  and  the  boards  of  trustees  of  their  respective  dis- 
tricts, where  the  issue  of  such  bond  is  voted,  are  author- 
ized and  empowered  to  levy  annually  a  tax  in  addition  to  that 
already  voted,  which  shall  not  increase  the  tax  rate  for  school 
purposes  in  their  respective  districts  to  more  than  seventy- 
five  cents  on  each  $100  worth  of  taxable  property  within  the 
district.  The  said  bonds  may  be  of  any  denomination,  in  even 
hundreds,  not  exceeding  S1,000  each,  running  not  exceeding 
thirty  years,  and  bearing  interest  at  a  rate  not  exceeding  six 
per  cent,  per  annum,  payable  annually  or  semi-annually,  as 
expressed  in  said  bonds,  payable  to  bearer,  with  interest  cou- 
pons attached.  They  shall  be  signed  by  the  president  of  said 
board  of  trustees  and  attested  by  the  secretary  thereof,  shall 
pass  by  delivery,  and  shall  be  redeemable  at  the  option  of  said 
board.  Said  bonds  shall  be  sold  by  the  trustees,  or  their  au- 
thorized agent,  for  the  highest  price  obtainable,  but  not  for 
less  than  their  face  par  value  and  accrued  interest,  and  the 
proceeds  paid  over  to  the  treasurer  and  applied  to  the  uses  and 
purposes  contemplated  in  this  law. 

117-a.  Inasmuch  as  there  are  various  graded  common 
school  districts  in  which  the  tax  already  voted  for  graded  com- 
mon school  purposes  is  insufficient  to  cover  the  expense  of  pro- 
viding necessary  and  suitable  grounds,  school  buildings,  fur- 
niture and  apparatus  for  graded  school  purposes,  and  there  is 


GRADED    COMMON   SCHOOLS.  69 


DO  provision  for  again  submitting  the  (juestion  to  the  people 
for  increasing  such  tax  rate,  tliereby  necessitating  immediate 
legislation  to  relieve  such  districts,  and  inasmuch  as  the  pro- 
visions of  section  4481  aforesaid  as  now  in  effect,  conflict  with 
the  Constitution  of  this  State,  an  emergency  exists,  and  is 
hereby  declared,  and  this  act  shall  take  effect  from  and  after 
its  passage  and  approval  by  the'  Governor.  [Approved  March 
12, 1896.] 

§  118.  [Levy  of  Annual  Property  Tax  and  Capitation  Tax — Pro- 
visions for  Sinking:  Fund] — The  board  of  trustees  in  any  graded 
common  school  district  where  the  tax  has  been  voted  shall 
cause  to  be  levied  and  collected  an  annual  ad  valorem  tax,  in 
any  sum  not  exceeding  the  amount  voted  for  in  said  district 
under  the  provisions  of  this  hiw,  upon  each  one  hundred  dol- 
lars' worth  of  property  for  every  kind  and  character,  having 
value  and  owned  by  any  white  person,  company  or  corpora- 
tion, subject  to  taxation  within  the  limits  of  said  graded  com- 
mon school  district;  or  shall  cause  to  be  levied  annually  a  poll 
tax  in  any  sum  not 'exceeding  the  amount  voted  in  said  district 
under  this  law,  on  each  Avliite  male  citizen  residing  within  the 
limits  of  any  graded  common  school  district,  over  twenty-one 
3  ears  of  age,  or  both  an  ad  valorem  and  a  poll  tax,  if  so  voted 
at  the  said  election:  Provided.,  No  levy  shall  be  made  under  the 
provisions  of  this  law  later  than  the  close  of  the  fiscal  year  in 
which  the  last  county  assessment  shall  have  been  made. 
The  board  of  trustees  shall,  out  of  collections  under  each  levy, 
by  order,  set  apart  out  of  the  collections  of  each  levy  a  suffi- 
cient amount  to  pay  interest  for  the  year  on  any  bond  issued, 
and  the  treasurer  shall  pay  same;  and,  in  addition,  shall,  out 
of  the  several  levies,  until  entire  payment  of  such  bonds,  set 
aside  a  sufficient  amount  as  a  sinking  fund,  when  aggregated, 
to  meet  the  principal  of  the  bonds  at  maturity,  which  sinking 
fund  shall  be  kept  loaned,  with  ample  security,  or  profitably 
invested,  and  shall  be  used  for  no  other  purpose  than  the  pay- 
ment of  principal  of  such  bonds.  But  if  the  board  so  order, 
the  sinking  fund,  or  any  part  thereof,  may  be  used  in  the  pur- 
chase of  such  bonds  before  maturity,  except  a  sufficiency  to 
pay  interest  on  the  outstanding  bonds. 

§  119.    [Assessment,  Collection,  Etc.,  Governed  by  §  79. — The 

assessment  of  property,  the  collection  of  taxes,  powers  and 


70  GRADED    COMMON    SCHOOLS. 

duties  of  trustees  and  other  officers  in  graded  common  school 
districts,  shall  be  governed  by  section  seventy-nine. 

§  120.  [Title  to  All  Common  5chooI  Property  and  Power  Over 
Vested  in  Board  of  Trustees] — The  title  to  all  common  school 
and  all  county  seminaries  property  in  the  limits  of  any  graded 
common  school  district,  organized  under  the  provisions  of  this 
law,  shall  be,  and  the  same  is  hereby,  vested  in  the  board  of 
trustees  of  said  graded  common  school  district,  and  they  are 
hereby  authorized  and  empowered  to  sell  and  convey  the  same, 
or  to  use  the  same  for  graded  common  school  purposes,  as  to 
them  shall  seem  best;  but  when  county  seminary  property 
shall  be  appropriated,  all  pupils  of  the  county  shall  be  per- 
mitted to  attend  such  school  at  such  reduced  tuition  from 
what  is  ordinary  as  shall  be  equitable,  and  make  good  to  them 
their  interest  in  said  seminary  property.  It  is  further  pro- 
vided that  when  any  graded  school  district  shall  embrace  any 
school  property  owned  or  held  in  trust  by  trustees,  said  trus- 
tees, by  a  majority  vote  of  their  board,  are  hereby  authorized 
and  empowered  to  convey  their  school  property  to  the  trustees 
of  the  graded  school  at  such  price  and  on  such  conditions  as 
may  be  agreed  upon  by  the  trustees  of  both  parties. 

§  121.  [When  Trustees  Appoint  Officers  of  Election— Their  Du- 
ties ]  — After  the  first  election  provided  for  in  this  law  shall 
have  been  held,  the  tax  voted,  trustees  elected,  and  the  graded 
common  school  organized,  the  board  of  trustees  shall  appoint 
the  officers  to  hold  all  other  elections,  wiiich  officers  shall  take 
an  oath  to  be  under  the  same  responsibilities  and  subject  to 
the  same  penalties  as  the  officers  holding  State  or  county 
elections,  ouly  they  shall  make  returns  of  poll-books,  and  cer- 
tify the  result  of  the  elections  to  the  board  of  trustees,  who 
shall  examine  and  compare  the  same,  and  issue  certificates  to 
the  persons  found  to  be  elected. 

§  122.    [Proposition  Failing:,  A  Vote  May  be  Had  Again  in  Two 

Years]-If  it  be  found  that  a  majority  of  the  votes  cast  upon 
the  said  proposition  in  the  election  provided  for  in  section  100 
to  be  cast  against  said  tax,  then  the  said  tax  shall  not  be 
levied  or  collected.  But  the  question  of  voting  the  said  tax 
may,  after  the  expiration  of  two  years  from  the  first  or  any 
subsequent  vote,  be  again  submitted  to  the  legal  voters  of  said 


GRADED    COMMON    SCHOOLS,  71 

district  upon  the  conditions  and  in  the  manner  prescribed  for 
the  first  vote. 

§  123.  [Colored  Graded  Free  Schools]  -The  provisions  of  this 
law  shall  apply  to  such  graded  common  school  districts  a^ 
may  be  applied  for  and  organized  by  the  colored  people  of  this 
Commonwealth,  and  such  districts  and  graded  schools  may  be 
organized  by  them,  in  all  cases,  the  same  as  the  white  districts 
herein  provided  for  or  organized.  In  that  case  the  word 
"colored"  is  to  be  substituted  for  the  word  "white"  whenever 
it  has  occurred  heretofore  in  this  law.  No  white  person  shall 
vote  at  any  election  held  by  the  colored  people  under  the  pro- 
visions of  this  law;  nor  shall  the  property  of  any  white  person 
be  taxed  to  maintain  any  graded  common  school  for  colored 
children ;  nor  shall  the  property  of  an  colored  person  be  taxed 
for  the  benefit  of  any  graded  common  school  for  white  chil- 
dren; nor  shall  any  white  child  attend  any  graded  common 
school  for  colored  children  organized  under  the  provisions  of 
this  law;  nor  shall  any  colored  child  attend  any  graded  com- 
mon school  for  white  children. 

.  §  124.  [Fifth  and  Sixth  Class  Cities,  or  School  Orsranized  by 
Special  Act,  May  Accept  Provisions,  Etc.]  —The  provisions  of 
this  article  shall  not  affect  or  in  any  way  interfere  with  any 
graded  common  school  or  schools  maintained  by  any  city  of 
the  fifth  or  sixth  class,  or  any  town  or  school  district  organized 
by  virtue  of  a  special  act  of  the  General  Assembly,  unless  the 
said  city,  town  or  district  shall,  by  a  majority  vote,  indorsed 
by  the  recorded  action  of  the  board  of  trustees,  accept  the  pro- 
visions of  this  article  for  the  government  of  the  said  school  or 
schools  in  any  election  held  under  the  written  order  of  the 
county  judge,  or  the  mayor  of  said  city,  in  the  manner  and 
under  the  restrictions  of  sections  100,  101,  102  and  103,  in 
which  election  nothing  but  the  matter  of  such  acceptance  shall 
be  determined;  and  the  only  question  propounded  to  each 
voter  shall  be:  "Are  you  in  favor  of  accepting  the  provisions  of 
the  general  graded  common  school  law?"  In  the  event  of 
such  majority  vote  in  favor  of  accepting  the  said  provisions, 
and  an  endorsement  by  the  board  of  trustees,  the  graded  com- 
mon school  or  schools  of  the  said  city,  town  or  district,  shall 
thereafter  be  governed  by  and  subject  to  all  the  preceding  pro- 
visions for  graded  common  schools. 


72  GRADED  COMMON  SCHOOLS. 

§  125.     [First,  Second,  Third  and  Fourth  Class  Cities— Provis- 
ions]— The  provisions  of  this  article  shall  not  affect,  or  in  any 
way  interfere  with^  any  system  of  graded  common  schools 
established  and  maintained  by  any  city  of  the  first,  second, 
third  or  fourth  class,  by  virtue  of  a  general  or  special  act  of 
the  General  Assembly.    Any  city  of  the  first,  second,  third  or 
fourth  class  may  accept  the  provisions  of  this  law,  and  estab- 
lish graded  common   schools,  subject  to  all  the  provisions 
thereof,  except  as  specially  hereinafter  provided  in  this  sec- 
tion, by  a  majority  vote,  indorsed  by  the  recorded  action  of  the 
board  of  trustees,  at  an  election  held  in  the  manner  prescribed 
in  section  122.  In  the  event  of  a  majority  vote  in  favor  of 
accepting  the  said  provisions,  and  an  indorsement  by  the  board 
of  trustees,  the  following  provisions  shall  apply  to  the  graded 
common  schools  of  such  city  of  the  first,  second,  third  or  fourth 
class  instead  of  the  corresponding  provisions  in  the  preceding 
sections  of  this  article:    (1.)    An  order  for  the  holding  of  an 
election,  as  first  provided  in  section  100,  may  be  made  by  the 
mayor,  and  the  said  mayor  shall,  in  such  case,  perform  all  the 
duties  required  of  the  county  judge  in  carrying  into  effect  the 
provisions  of  the  law;  the  number  of  the  petitioners  shall  be 
one  hundred  instead  of  ten;  the  election  shall  be  held  by  the 
officer  whose  duty  it  is  to  hold  other  city  elections;  the  ap- 
proval of  the  county  superintendent  shall  not  be  required  in 
the  petition;  and  the  location  and  site  of  any  proposed  school- 
house  shall  not  be  required  to  be  set  out  in  the  said  petition. 
(2.)     The  maximum  limit  for  the  cost  of  any  school  building 
shall  be  one  hundred  thousand  dollars  (|l6o,000),  instead  of 
fifteen  thousand  dollars  (|15,000).    (3.)  The  number,  name  and 
style  of  the  board  of  trustees  shall  be  determined  by  them- 
selves instead  of  the  number  limited  to  six;  but  the  num- 
ber of  trustees  in  no  case  shall  exceed  one  more  than  the  num- 
ber of  wards  in  the  city.    (4.)  The  length  of  the  term,  the  order 
of  retirement,  the  date  of  election  of  trustees,  may  be  fixed  by 
the  charter  of  said  city,  but  the  term  of  office  shall  in  no  case 
exceed  four  years.  (5.)  Principals  and  teachers  shall  not  be 
required  to  hold  county  certificates.  (6.)  The  president  of  the 
board  of  trustees  may  be  elected  from  the  city-at-large,  if  the 
said  board  shall  so  determine.     (7.)  The  Superintendent  of 
Public  Instruction  shall  pay  directly  to  the  treasurer  of  the 
city  graded  common  schools  the  pro  rata  portion  of  school 
funds   due  said  city   from    the    State.     (8.)  The   aggregate 


GRADED  COMMON  SCHOOLS.  73 

amount  of  the  outstanding  bonds  issued  by  the  board  of  trust- 
ees shall  not,  at  any  given  time,  exceed  2  per  cent,  of  the  tax- 
able property  of  the  city,  instead  of  the  bonds  so  issued  being 
limited  in  amount  to  fifteen  thousand  dollars  ($15,000).  (9.) 
The  assessment  of  property  made  by  the  city  assessor,  and 
equalized  according  to  law,  shall  be  made  the  basis  for  collec- 
tion of  city  taxes  for  school  purposes  of  every  kind,  and  the 
said  taxes  shall  be  collected  by  the  city  collector  at  the  time  of 
collecting  other  city  taxes,  and  he  shall  be  responsible  on  his 
official  bond  for  the  same. 

§   126.     [Tax  to  Complete  Builditij^s  and  Pay  Old  Debt]  * — The 

board  of  trustees  of  graded  schools  maintained  by  taxation, 
and  designed  for  the  education  of  children  residing  within  cer- 
tain boundaries,  may,  in  case  where  the  tax  now  imposed  in 
such  districts  is  not  sufficient  to  pay  for  the  school  buildings 
which  have  heretofore  been  completed  but  not  paid  for,  issue 
bonds  of  such  districts  for  an  amount  equal  to  the  sum  due  for 
completing  the  school  buildings,  and  impose  annually  a  tax  of 
not  exceeding  twenty-five  cents  on  each  |100  worth  of  property 
in  the  district,  in  addition  to  the  tax  now  imposed  in  such  dis- 
tricts, to  pay  the  bonds  so  issued  and  the  interest  thereon;  and 
the  foregoing  provisions  shall  apply  as  well  to  like  schools 
under  the  authority  and  management  of  a  board  of  education 
or  other  authority  of  a  district,  town  or  city;  and  in  cases 
where  bonds  were  issued  prior  to  the  adoption  of  the  present 
Constitution,  by  authority  of  special  laws,  and  have  matured 
without  being  paid,  the  board  of  trustees,  board  of  education 
or  other  authority  of  a  town,  city  or  district,  may  issue  the 
bonds  of  the  district,  town  or  city  to  an  amount  equal  to  the 
sum  still  due  and  unpaid,  under  the  conditions  and  restrictions 
herein  imposed. 

§  127.  [Interest  on  Bonds  Limited] — The  bonds  so  issued  shall 
bear  not  exceeding  six  per  cent,  interest  per  ajmum,  and  shall 
be  issued  by  a  majority  of  the  trustees,  and  in  such  manner  as 
they  may  deem  best,  and  shall  be  payable  at  such  times  and 
at  such  places  and  in  such  amounts  as  they  may  determine; 
and  the  tax  to  pay  the  bonds  and  interest  shall  be  imposed  by 
an  order  signed  by  a  majority  of  the  trustees,  specifying  the 
annual  tax  to  be  imposed. 


For  amended  provisions  as  to  paying  old  debt,  see  page  12?,  act  marked  VII. 


74  GRADED  COMMON  SCHOOLS. 

§  128.   [Assessment  and  CoIIectioii  Governed  by  §  79. — The  tax 

so  imposed  shall  be  paid  on  the  assessment  value  of  the  prop> 
erty  in  the  district  as  ascertained  by  the  assessment  made  for 
State  and  county  purposes  next  preceding  the  collection  of  the 
tax,  and  shall  be  collected  in  the  same  manner  as  is  provided 
for  the  collection  of  district  taxes  by  section  seventy-nine  of 
this  chapter,  and  the  same  penalties  shall  be  added  for  a  fail- 
ure to  pay  the  same;  and  the  same  compensation  shall  be  paid 
for  its  collection  as  is  paid  for  collecting  State  revenue. 

§  129.    [Tax  to  Pay  Bonds  and  Interest— When  Levied] —  The 

board  of  trustees  shall  annually,  on  the  second  Monday  in 
May,  impose  the  tax,  and  when  paid  the  treasurer  of  the  board 
shall  at  once  apply  the  same  to  the  payment  of  the  bonds  and 
interest  as  required  by  the  board.  When  the  bonds  and  inter- 
est are  paid  the  tax  shall  not  be  levied  or  collected,  nor  shall 
the  trustees,  or  any  of  them,  receive  any  compensation  for 
their  services  under  this  law.  , 

§  130.    [Who  to  Sign  Bonds— Settlement  of  Accounts] —The 

bonds  herein  provided  for  shall  be  signed  by  the  chairman  of 
the  board  of  trustees  of  the  graded  school  and  countersigned 
by  the  secretary.  The  collecting  officer  and  the  treasurer  of 
the  board  of  trustees  shall  settle  their  accounts  with  the  board 
on  or  before  the  first  Monday  in  January  each  year,  and  the 
boaid  may  require  them  to  state  their  accounts  as  often  as 
once  every  three  months. 


TEACHERS. 


75 


XI.    TEACHERS. 


§  131.  Qualificatiions    of    teachers    and 
certificates  of  qualification. 

132.  Conditions    upon    which     State 

diploma  may  be  granted;  good 
until  holder  fails  for  two  suc- 
cessive years  to  teach;  county 
supenintendent  may,  for  cause, 
refuse  to  recognize  it  for  his 
■county. 

133.  State        certificate — conditions; 

examinations  held  in  the  coun- 
ties; good  for  eight  years; 
county  superintendent  may  re- 
fuse to  recognize.  County  cer- 
tificates of  three  grades — how 
obtained;   tenure;  when  to  be 


revoked;  conditions  on  which 
one  of  first-class  may  be  re- 
newed. 
§  134.  Teacher  must  grade  school, 
keep  grade  register,  and  make 
reports. 

135.  State    Superintendent   shall   fur- 

nish blanks.  Teacher's  duty 
as  to  reports.  Penalty  for 
making  false  monthly  return. 

136.  Teacher  shall  enforce  course  of 

study;  must  observe  rules  and 
regulations  prescribed  by  law; 
pupil  may  be  dismissed  for 
cause. 


§  131.  [Certificates  of  Qtialification]— There  shall  be  three 
grades  of  certificates  issued  to  teachers  of  common  schools: 
First,  a  State  teacher's  diploma;  second,  a  State  teacher's  cer- 
tificate, and  third,  a  county  certificate,  which  may  be  a  first 
class,  second  class  or  third  class.  Before  any  person  shall  be 
qualified  to  teach  any  common  school,  ^ucli  person  shall 
obtain  one  of  these  three  grades  of  certificates. 


§  132.  [State Diploma]— State  diplomas  may  be  issued  by  the 
State  Board  of  Examiners  after  a  personal  examination  held 
at  the  State  Capitol  on  the  last  Wednesday  of  June  and  August 
of  each  year,  upon  the  subjects  embraced  in  the  common 
school  course  of  study,  and  also  upon  the  science  and  art  of 
teaching,  psychology,  English  literature,  algebra,  higher  arith- 
metic, geometry,  physics  and  elementary  Latin.  In  order  to 
be  entitled  to  a  State  teacher's  diploma,  the  applicant,  in  addi- 
tion to  attaining  on  the  required  examination  an  average 
grade  of  not  less  than  ninety  per  cent.,  the  lowest  grade  on  any 
subject  being  not  less  than  seventy  per  cent.,  shall  be  at  least 
twenty-four  years  old,  and  shall  have  taught  in  the  State  at 
least  two  years,  and  shall  present  satisfactory  evidence  of 
unexceptionable  moral  character.  A  State  diploma  shall  be 
good  in  all  schools  throughout  the  State,  maintained  wholly 
or  partly  by  the  State,  until  revoked  by  the  Superintendent 
of  Public  Instruction,  or  until  the  holders  shall  fail  for 
two   successive    years    to     be    engaged     in    active    school 


76  TEACHERS. 

work.  It  shall  qualify  the  holder  for  eligibility  as  candidate 
for  the  ofl&ce  of  county  superintendent  of  common  schools,  and 
may,  for  cause,  be  revoked  by  any  county  superintendent,  sub- 
ject to  the  approval  of  the  State  Board  of  Education,  as  far  as 
it  applies  to  his  county,  of  vrhich  immediate  information  shall 
be  given  the  Superintendent  of  Public  Instruction.  A  State 
diploma  shall  be  impressed  with  the  seal  of  the  State  Board  bt 
Examiners,  and  the  fee  of  the  applicant  shall  be  live  dollars, 
which  shall  be  paid  to  the  two  members,  who  with  the  Super- 
intendent of  Public  Instruction,  compose  the  State  Board  of 
Examiners.     [Acts  of  1894.] 

§  133.  [State  and  County  Certificates]— A  St  ate  teacher's  cer- 
tificate may  be  granted  by  the  State  Board  of  Examiners  upon 
the  recommendation  of  the  county  board  of  examiners,  after  a 
written  examination  held  in  applicant's  county,  attaining  an 
average  grade  of  at  least  ninety  per  cent.,  the  lowest  grade  up- 
on any  subject  being  not  less  than  seventy  per  cent.,  upon  the 
subjects  embraced  in  the  common  school  course  of  study,  and 
also  upon  English  literature,  elementary  algebra,  higher  arith- 
metic, and  the  science  and  art  of  teaching,  including  the  ele- 
ments of  psychology.  In  order  to  be  entitled  to  a  State  certifi- 
cate, the  applicant,  in  addition  to  passing  the  required  examin- 
ation, shall  be  at  least  twenty-one  years  old,  shall  have  had  two 
years'  experience  in  teaching,  and  shall  present  satisfactory 
evidence  of  unexceptionable  moral  character.  The  questions 
for  the  examination  of  applicants  for  State  certificates  shall 
be  forwarded  by  the  State  Board  of  Examiners,  with  the  ques- 
tions for  the  June  and  August  county  examinations,  at  the 
same  time,  in  the  same  package,  and  be  preserved  and  opened 
at  the  same  time  as  the  questions  for  county  certificates.  The 
applicants  for  State  certificates  shall  be  examined  on  the  same 
days  upon  which  the  applicants  for  county  certificates  are 
examined,  in  June  and  August,  and  immediately,  upon  the 
close  of  the  examinatioh  for  State  certificates,  the  county 
superintendent  shall  collect  the  papers  of  each  applicant  for 
a  State  certificate,  preserve  them  from  all  inspection,  make 
such  examination  of  them  as  will  enable  the  said  county 
board,  with  their  personal  knowledge  of  the  applicant,  to  make 
a  recommendation  to  the  State  Board  of  Examiners  that  a 
State  certificate  should  or  should  not  be  granted,  and.  forward 
the  same  by  registered  mail  to  the  State  Board  of  Examiners, 
with  a  recommendation  as  to  the  granting  of  a  State  certifi- 


TEACHERS.  77 

eate.  No  applicant  shall  be  examined  for  a  State  certificate 
unless  the  said  applicant  is  known  to  the  county  superintend- 
ent to  possess  an  unexceptionable  moral  character,  and  to 
possess  the  age  and  experience  herein  required.  With  the 
answers  as  forwarded  to  the  State  Board  of  Examiners,  the 
county  superintendent  shall  inclose  a  written  statement  in 
proper  form,  signed  and  sworn  to  by  at  least  two  members  of 
the  local  examining  board,  that  the  examination  had  been  held 
in  strict  accordance  with  the  law,  and  that  the  applicant  had 
not,  either  directly  or  indirectly,  received  any  assistance,  and 
that  the  moral  character  of  the  applicant  is  unexceptionable, 
if  the  answers  and  statements  are  deemed  suflficient,  if  the 
recommendation  of  the  county  board  be  favorable,  the  State 
Hoard  of  examiners  may  issue  a  State  certificate,  which  shall 
entitle  the  holder  to  teach  in  the  common  schools  of  the  State, 
graded  or  city  schools,  for  a  period  of  eight  years,  unless 
revoked  by  the  Superintendent  of  Public  Instruction,  or 
unless  the  holder  shall  fail  for  two  successive  years  to  be 
engaged  in  active  school  work.  At  the  expiration  of  the  time 
for  which  it  was  granted,  if  it  shall  not  have  been  revoked  by 
the  Superintendent  of  Public  Instruction,  and  if  the  holder 
shall  not  have  failed  for  two  successive  years  to  be  engaged  in 
active  school  work,  a  State  certificate  may  be  renewed  for 
another  eight  years  by  the  State  Board  of  Examiners  without 
additional  fee,  upon  the  recommendation  of  the  board  of 
examiners  of  the  county  w^hereof  the  holder  shall  at  that 
time  be  a  resident.  Any  county '  superintendent  may,  for 
cause,  revoke  a  State  certificate  as  far  as  it  applies  to  his 
county,  of  which  immediate  information  shall  be  given  to  the 
Superintendent  of  Public  Instruction,  and  be  subject  to  his 
approval.  A  State  certificate  shall  be  impressed  with  the 
seal  of  the  State  Board  of  Examiners,  and  the  fee  charged 
the  applicant  shall  be  four  dollars,  besides  the  registration 
lee  for  forwarding  the  answers,  of  which  one  dollar  shall 
be  paid  to  the  county  board  of  examiners.  The  proceeds  of 
the  fees  for  examination  for  State  certificates  and  of  the 
examination  of  candidates  for  county  superintendent,  shall 
be  divided  between  the  two  professional  members  of  the 
State  Board  of  Examiners,  in  proportion  to  the  services 
rendered  by  them.  County  certificates  shall  be  first  class, 
second  class,  or  third  class,  and  shall  apply  only  to  the  county 
in  which  they  are  issued,  and  shall  be  good  for  four  years, 
two  years  and  one  year  respectively.     Third  class  certificates 


78  TEACHERS. 

shall  not  be  issued  more  than  once  to  the  same  person  in  any 
event.  After  eTuly  1,  1894,  a  certificate  of  the  third  class 
shall  not  entitle  the  holder  to  teach  in  any  district  reporting 
fifty-five  or  more  pupil  children,  nor  shall  a  certificate  of 
che  second  class  entitle  the  holder  to  teach  in  any  district 
reporting  seventy-five  or  more  pupil  children.  A  county  cer- 
tificate of  the  first  class  shall  require  an  average  grade  of 
eighty-five  per  cent,  upon  all  the  subjects  of  the  common  school 
course,  and  upon  the  scienceand  art  of  teaching;  and  the  lowest 
grade  on  any  subject  shall  not  be  less  than  sixty-five  per  cent. 
A  county  certificate  of  the  second  class  shall  require  an  aver- 
age grade  of  seventy-five  per  cent.,  and  the  lowest  grade  on  any 
subject  shall  not  be  less  than  fifty-five  per  cent.  A  county 
certificate  of  the  third  class  shall  require  an  average  grade  of 
sixty-five  per  cent,  and  the  lowest  grade  on  any  subject 
rihal]  not  be  less  than  fifty  per  cent.  If,  at  any  time,  the  holder 
of  a  county  certificate  shall  be  found  incompetent,  inefiicient, 
immoral,  or  otherwise  unworthy  to  be  a  teacher,  the  county 
superintendent  shall  revoke  the  certificate  of  such  person; 
and  any  teacher  dismissed  from  school  on  such  grounds 
shall  be  entitled  to  receive  payment  for  services  only 
up  to  tKe  time  of  dismissal.  Nothing  in  this  act  shall  be 
construed  to  require  any  teacher  now  holding  a  teacher's  cer- 
tificate to  be  re-examined  until  the  expiration  of  said  certifi- 
cate. A  person  having  taught  for  eight  consecutive  years  in 
the  same  county  under  first-class  certificates,  obtained  as  here- 
inbefore provided,  may  have  the  last  one  renewed  annually  for 
four  years  by  the  county  superintendent,  who  shall  write  upon 
it  "Renewed,"  sign  officially,  and  give  date  of  such  renewal. 
[Acts  of  1893.] 

§  134.  [Must  Grade  School,  Keep  Grade  Book  and  Make  He- 
ports]— It  shall  be  the  duty  of  each  teacher  of  a  common  school 
to  keep  such  register  of  the  school  as  the  State  Superintendent 
may  require  of  and  furnish  to  him  as  needed,  through  the 
county  superintendent.  The  teacher^s  register  shall  be  the 
property  of  the  district;  shall  be  systematically  graded  for  at 
J  east  four  years'  work;  shall  be  well  preserved,  without  muti- 
lation or  useless  marking;  shall  be  in  the  care  of  the  teacher 
during  the  school  term,  and,  at  the  close  thereof,  shall  be 
delivered  to  the  chairman  of  the  board  of  trustees,  who  shall 
be  responsible  for  it,  and  deliver  it  to  the  teacher  at  the  open- 
ing of  the  next  school  term,  and  it  shall  be  open  at  all  times  to 


TEACIJERS.  79 

the  inspection  of  the  trustees  and  the  county  superintendent. 
The  section  alloted  to  each  year  shall  be  divided  into  two  parts, 
designated  as  monthly  summary  and  term  summary.  The 
monthly  summary  shall  show  the  day  of  the  week  and  the  day 
of  month  upon  which  the  term  began;  the  day  of  the  week  and 
of  the  month  of  each  day  taught;  the  number  of  pupils  en- 
rolled; the  number  in  attendance  each  day;  the  name,  sex  and 
weekly  standing  of  each  pupil  in  each  subject,  and  such  other 
facts  as  the  Superintendent  of  Public  Instruction  may  desire. 
On  the  last  day  of  each  month  taught,  the  teachers  shall  sum 
up  and  place  at  the  end  of  the  record  for  the  month  the  facts 
herein  required  to  be  kept,  with  the  day  of  the  week  and  month 
on  which  the  school  month  closed;  the  highest  and  lowest 
number  of  pupil  children  in  attendance,  and  the  average  per- 
centage of  the  attendance  of  the  whole  number  of  pupil  chil- 
dren in  the  district.  The  term  summary  shall  show  the 
monthly  statement  made  at  the  end  of  each  month,  the  per- 
centage of  the  enrollment  of  the  whole  number  of  pupil  chil- 
dren in  the  district,  the  highest,  lowest  and  average  number  of 
children  in  attendance,  the  average  percentage  of  the  children 
of  the  district  in  attendance,  the  number  of  pupils  in  each 
class,  the  name  of  the  text-book  used  in  each  class,  the  point 
reached  by  each  pupil  in  each  book  at  the  close  of  the  term,  the 
names  of  all  pupils  that  should  be  advanced,  the  class  of  the 
teacher's  certificate,  his  average  monthly  salary,  and  such 
other  facts  as  may  be  required  in  the  register. 

§  135.  [  Superintendent  of  Public  Instruction  to  Furnisli  Blanks— 
Character  of  Reports  ] — The  Superintendent  of  Public  Instruc- 
tion shall  provide  for  each  tieacher  a  blank  monthly  report  for 
each  month  to  be  taught,  and  also  a  blank  term  report.  At 
the  end  of  each  month  taught,  the  teacher  shall  fill  the 
monthly  report  of  that  month  from  the  facts  summed  up  in  the 
monthly  summary  of  the  register,  and  shall  present  the 
monthly  report  to  the  chairman  of  the  board  of  trustees,  who 
shall  carefully  examine  it,  and  if  found  correct  he  shall,  if 
requested  by  the  teacher,  fill  out  and  sign  a  certificate  attached 
to  the  monthly  report,  certifying  that  the  month  has  been 
legally  taught;  and  upon  the  chairman's  certificate  the  teacher 
shall  draw  his  salary  fom  the  county  superintendent  for  the 
month  so  certified,  after  the  monthly  report  has  been  duly 
delivered  to  the  county  superintendent.  Within  ten  days 
after  the  close  of  the  last  month  of  the  term,  the  teacher  shall 


80  TEACHERS. 

make  out  the  term  report  from  the  term  summary  in  the 
register;  shall  present  the  term  report,  the  last  monthly  report, 
and  the  teacher's  register  to  the  chairman,  who  shall  carefully 
inspect  them  and  approve  the  report,  if  correct,  make  out  the 
chairman's  annual  report,  and  shall  then  give  the  teacher  cer- 
tificates for  the  month  or  months  not  previously  certified,  and 
shall  place  the  chairman's  annual  report  in  the  teacher's  hands 
for  delivery  to  the  county  superintendent.  Nothing  herein 
shall  be  construed  to  prevent  a  chairman  of  the  board  of  trus- 
tees from  certifying  to,  or  a  county  superintendent  from  pay- 
ing for,  a  fraction  of  a  month  in  any  case  in  which  the  teacher, 
from  sickness  or  other  disability,  shall  be  unable  to  continue 
the  school.  Any  teacher  who  shall  make  a  false  monthly  or 
term  report,  or  any  chairman  of  trustees  who  shall  give  a  cer- 
tificate of  a  month  or  months  taught  before  he  has  carefully 
examined  and  approved  the  report  of  each  month,  or  any 
county  superintendent  who  shall  make  a  payment  upon  a 
teacher's  salary,  except  upon  the  chairman's  certificate,  shall 
be  guilty  of  a  misdemeanor,  and,  on  conviction,  be  fined  fifty 
dollars  for  each  offense. 

§  136.  [  Peauired  Duties-Penalty  for  Willful  Refusal  or  Neg- 
lect —  Authority— Appeal] — Teachers  shall  faithfully  enforce  in 
school  the  course  of  study,  the  use  of  the  text-books  adopted  in 
the  cojinty,  and  the  regulations  prescribed  in  pursuance  of 
Jaw;  and  if  any  teacher  shall  willfully  refuse  or  neglect  to 
comply  with  such  regulations,  the  county  superintendent,  on 
petition  or  complaint  of  the  trustees,  may  remove  or  dismiss 
him;  and  in  case  of  such  dismissal  or  removal,  the  said  teacher 
shall  receive  payment  only  for  the  time  taught.  The  teacher 
is  authorized  and  directed  to  hold  each  pupil  to  a  strict 
accountability  for  any  disorderly  conduct  on  the  play-ground, 
or  during  any  intermission  or  recess,  or  on  the  road  to  and 
from  school;  and  for  good  cause  he  may  suspend  any  pupil; 
but  such  suspension  shall  be  immediately  reported,  in  writing, 
to  the  chairman  of  the  board  of  trustees.  In  cases  of  suspen- 
sion, the  action  of  the  teacher  shall  be  final  unless  reversed  by 
the  trustees.  Either  party  may  appeal  from  the  decision  of 
the  trustees  to  the  county  superintendent  whose  decision 
shall  be  final.  But  no  teacher  shall  be  required  or  under  any 
obligation  to  teach  any  other  than  the  common  school 
branches  prescribed  by  the  State  Board  of  Education  in  the 
common  schools,  unless  it  shall  be  so  specified  in  a  written 
contract  with  the  trustees. 


teachers'  institute. 


81 


XII.    TEACHERS*  INSTITUTE. 


§  137.  Duty  of  County  Superdntead- 
ent;  object  in  organizing  and 
holding  Teachers'  Institute; 
how  many  days  must  occupy 
and  in  what  months  must  be 
held;  duty  of  State  Board  of 
Examiners  in  regard  to  pro- 
gramme and  syllabus;  pen- 
alty for  not  holding  Institute. 
138.  County  Superintendent  must 
employ  one  or  more  able  and 
experienced  Institute  Conduc- 
tors. 

State  Superintendent  may  an- 
nually call  a  convention  of  In- 
stitute Conductors. 

Who  required  to  attend  full  ses- 
sion of  th^  Institute;  penalty 
for  failure  or  neglect  to  attend 
full  session  unless  from  sick- 
ness or  other  disability;  after 
County  Institute  held,  only 
conditions  on  which  a  certifi- 
cate to  teach  can  be  granted; 
during  Institute,  schools  in 
session  shall  be  suspended; 
time  for  which  the  teachers 
shall  have  credit. 

Adjoining  counties,  not  exceed- 
ing four,  may  hold  Joint  Insti- 
tute; Superintendents  must 
employ  at  least  two  able  Con- 
ductors. 


139. 


140. 


141. 


§  142.  County  Superintendent  shall 
be  present  during  entire  ses- 
sion of  the  Institute;  his 
d;uties  ooDLcerning  daily  regis- 
ter prescribed;  what  fee  from 
each  member  may  be  collected 
and  for  what  purposes, 

143.  Duty  of  County  Superintiendent 

in  selecting  a  proper  place  for 
holding  the  Institute;  when 
and  how  notify  Trustees  as  to 
time  and  place  of  holding  the 
Institute,  and  to  post  notices 
thereof;  duty  of  each  Trustee 
to  notify  promptly  every 
teacher  in  his  district. 

144.  Superintendent    of     Public    In- 

struction may  recommemd  able 
and  experienced  normal  in- 
structors to  conduct  the  Insti- 
tutes, whose  pay  shall  be  de- 
rived from  the  Institute  fund. 

145.  At  each  session  of  the  Institute 

every  subject  relating  to  the 
work  of  the  teacher,  must  be 
properly  exhiT^ited. 

146.  County     Teachers'     Association 

during  Institute^ — its  composi- 
tion,  office  and  object. 

147.  County  Superintendent  shall,  in 

his  annual  report,  make  spe- 
cial report  of  the  Teachers'  In- 
stitute and  of  the  Teachers' 
Association. 


§  137.  [  Orgranization  —  Object  —  Time  —  Programme  and  Sylla- 
bus—Penalty]— It  shall  be  the  duty  of  each  county  superin- 
tendent to  organize,  and  cause  to  be  held  annually,  a  teachers' 
institute  for  the  normal  instruction,  improvement  and  better 
qualification  of  the  teachers  in  his  county.  The  institute  shall 
occupy  not  less  than  five  nor  more  than  ten  days,  and  shall  be 
held  between  the  first  day  of  July  and  the  first  day  of  Novem- 
ber. The  Superintendent  of  Public  Instruction  and  the  two 
professional  members  of  the  State  Board  of  Examiners  shall 
constitute  a  committee  on  programne  to  prepare  and  place  in 
the  hands  of  each  county  superintendent,  not  later  than  June 
first  of  each  year,  a  programme  of  the  work  of  the  institute, 
and  a  syllabus  of  each  subject  of  instruction.     The  programme 

[6] 


82  teachers'  institute. 

and  syllabus  shall  be  furnished  each  member  of  the  institute, 
and  shall  be  faithfully  and  efficiently  carried  out.  Any  county 
superintendent,  who  shall  willfully  fail  or  neglect  to  hold  the 
annual  institute  as  prescribed  in  this  article,  shall  be  fined 
fifty  dollars.     [Acts  of  1894.] 

§  138.  [  One  or  Moic  Able  and  Experienced  Conductors  to  be 
Employed] — Each  county  superintendent  of  the  State  may  em- 
ploy one  or  more  able  and  experienced  institute  instructors  to 
direct  each  institute  held  by  him,  and  to  instruct  the  teachers 
thereof. 

§  139.  [  Convention  of  Institute  Conductors-Object  of  ]— Begin- 
ning in  1894,  thi  Superintendent  of  Public  Instruction  may, 
annually,  call  all  the  professional  institute  workers  of  the 
State  into  institute  convention  at  the  State  Capitol,  during  the 
month  of  May,  for  the  purpose  of  better  organization  and  more 
effective  management  of  institute  work.  At  the  said  institute 
convention,  the  whole  subject  of  institute  work  shall  be  thor- 
oughly discussed,  and  the  best  plans  for  prosecuting  it 
throughout  the  State  shall  be  adopted  and  used  in  all  counties. 
The  said  institute  convention  may  suggest  to  the  committee 
on  programne  principles,  subjects  and  methods  of  (for)  incor- 
poration on  the  programne  syllabus. 

_  §  140.  [  Who  Must  Attend  Institute— Penalty  For  Non-attendance. 
Etc.] — Every  teacher  of  a  common  school,  including  teachers 
of  the  graded  common  schools  in  cities  of  the  fifth  and  sixth 
classes  who  hold  a  State  diploma.  State  certificate  or  county 
certificate,  or  who  contemplates  applying  for  a  certificate  of 
qualification  to  teach  in  the  common  schools,  shall  attend  the 
full  session  of  the  institute  in  his  home  county  unless  he  is 
teaching  in  another  county  in  which  the  institute  is  yet  to  be 
held,  or  has  attended  the  institute  of  a  county  in  which  he  has 
a  contract  to  teach.  If  teaching  in  a  county  other  than  his 
home  county,  whose  institute  is  yet  to  be  held,  he  must  attend 
the  full  session  of  the  latter.  The  county  superintendent  shall 
revoke  the  certificate  of  any  teacher  who  shall  fail  or  neglect 
to  attend  the  full  session  of  the  institute,  unless  the  superin- 
tendent shall  be  fully  satisfied  that  such  failure  has  been 
caused  by  actual  sickness  or  other  disability.  After  the 
county  institute  has  been  held,  it  shall  be  unlawful  to  grant 


TEACHERS    INSTITUTE.    ^^^'&^//:^rtfs,\^ 

any  person  a  certificate  to  teach  at  any  time  during  that  school 
year,  unless  the  said  person  shall  have  attended  the  full  session 
of  the  institute  of  that  or  some  other  county  during  that  school 
year,  or  unless  th^  county  superintendent  shall  be  fully  satis- 
fied that  the  failure  to  attend  the  institute  has  been  caused  by 
sickness  or  other  disability.  During  the  institute  there-f^hall 
be  a  suspension  of  such  other  schools  as  are  in  session,  but  no 
reduction  of  the  teacher's  salary  shall  be  made  on  account  of 
such  suspension  except  as  hereinafter  provided.  The  time  of 
actual  attendance  upon  the  institute  in  days  and  parts  of  days 
shall  be  accredited  to  the  teacher  if  the  institute  be  held  during 
the  session  of  his  school.  At  the  close  of  the  institute  the 
county  superintendent  shall  give  to  each  teacher  or  other 
person  in  attendance  a  certificate  of  the  number  of  days  and 
parts  of  days  that  the  teacher  or  other  person  had  attended, 
which  certificate  of  attendance  shall  be  filed  by  the  teacher 
with  the  chairman  of  the  board  of  trustees  of  the  district,  who 
shall  make  report  thereof  to  the  county  superintendent  at  the 
time  of  reporting  the  school.  " 

§  141.  [  Joint  Institutes  —  Two  Conductors  To  Be  Engaired  — 
Record] — Any  adjoining  counties,  not  exceeding  four  in  num- 
ber, may  combine  and  hold  a  joint  institute:  Provided,  The 
county  superintendents  of  all  the  counties  concerned  shall 
agree  upon  the  plans  necessary  to  the  purpose;  that  each  of 
them  shall  attend  the  full  session  of  the  said  joint  institute, 
and  keep  the  record  provided  in  section;  one  hundred  and  :^orty- 
tAvo,  and  that  at  least  two  able  and  experienced  instructors  are 
employed,  if  more  than  two  counties  are  combined. 

§  142.  [Duties  of  County  Superintendent— Proceedings  To  Be  Pub- 
lished in  Local  Paper] — The  county  superintendent  shall  be 
I>resent  during  the  entire  session  of  the  institute;  shall  have 
the  roll  called  every  morning  and  afternoon;  shall  keep  a 
strict  daily  register  of  the  presence,  absence  and  tardiness  of 
the  teachers  and  other  members,  and  of  the  exercises  of  the 
institute,  and,  after  the  close  thereof,  shall  have  the  proceed- 
ings printed  in  one  or  more  newspapers.  He  may  collect  two 
dollars,  but  in  no  case  shall  he  collect  less  than  one  dollar  from 
each  teacher  or  other  person  in  attendance  on  the  institute, 
except  honorary  members,  and  twenty-five  cents  of  the  sum  so 
<.'ollected  from  each  person  sliall  be  paid  into  the  county 


84  TEACHERS*  INSTITUTE. 

library  fund.  From  the  fees  collected  from  the  teachers  and 
other  persons  in  attendance  the  county  superintendent  shall 
pay  all  necessary  expenses  of  the  institute.  The  proceedings 
shall  be  published  in  such  local  papers  as  will  do  this  without 
charge,  and  one  copy  shall  be  forwarded  to  the  office  of  Super- 
intendent of  Public  Instruction.  Any  residue,  after  the 
payment  of  institute  expenses  shall  also  be  paid  into  the 
county  library  fund.  In  case  of  a  joint  institute,  any  surplus 
fund  shall  be  prorated  among  the  counties  concerned. 

§  143.  [  Selection  of  Proper  Place  For  Institute- Notices  of  ] — In 
selecting  a  proper  place  for  holding  the  teachers'  institute,  the 
county  superintendent  shall  decide  with  reference  to  the 
convenience  and  accommodation  of  the  place,  and  shall 
endeavor  to  make  such  arrangements  as  he  best  can  for  econo- 
mizing and  reducing  the  expenses  of  teachers  while  in  atten- 
dance. He  shall,  twenty  days  before  the  institute  begins,  noti- 
fy by  mail  the  trustees  of  his  county  of  the  time  and  place  of 
holding  it;  and  it  shall  be  the  duty  of  each  trustee  to  notify 
promptly  every  teacher  in  his  school  district.  The  county 
superintendent  shall  likewise  direct  the  trustees  of  each 
district  to  post  notices  thereof. 

§  144.  [Normal  Instructors  to  be  Recommended]— The  Superin- 
tendent of  Public  Instruction  may,  when  requested  by  a  county 
superintendent,  recommend  able  and  experienced,  normal 
instructors  to  conduct  the  teachers'  institute,  whose  pay  shall 
be  derived  from  and  paid  by  the  county  superintendent  out  of 
the  funds  raised  from  the  teachers  and  other  members  of  the 
institute. 

§  145.  [Subject  of  Instruction] — At  each  session  of  the  insti- 
tute, every  subject  embraced  in  the  common  school  course 
shall  be  brought  before  the  institute,  illustrated  and  described, 
and  every  feature  of  school  organization  and  school  manage- 
ment, together  with  the  whole  work  of  the  teacher,  shall  be 
considered,  and  the  common  school  laws  of  the  State  read  and 
expounded. 

§146.  [County  Teachers'  Association] — During *the  session 
of  the  institute  there  shall  be  held  a  county  teachers'  associa- 
tion and  one  hour  in  the  afternoon  or  night  meeting  shall  be 


teachers'  institute.  85 

daily  set  apart  for  this  purpose.  The  association  may  be  com- 
posed of  all  the  officers  and  teachers  of  common  schools  pres- 
ent, and  shall  be  called  together  by  the  county  superintendent, 
who  shall  be  ex  officio  president.  The  objects  of  such  associa- 
tion shall  be,  primarily,  to  discuss  and  devise  the  best  ways 
and  means  of  promoting  the  interest  of  education,  the  improve- 
ment of  teachers,  and  the  methods  of  1:eaching,  and  especially 
to  devise  means  for  securing  better  schoolhouses,  better 
attendance,  and  local  aid  for  common  schools.  The  _:said 
association  shall  be  a  permanent  organization,  with  one  vice- 
president  for  each  magisterial  district,  to  be  elected  or 
appointed;  and  shall  hold  at  least  one  meeting  in  each  magis- 
terial district,  besides  the  meeting  at  the  institute,  during  the 
first  six  months  of  each  school  year.  Every  teacher  shall 
attend  at  least  the  meeting  held  in  the  magisterial  district  in 
which  he  shall  teach,  and  upon  failure  to  do  so,  shall  teach 
an  additional  day  during  the  school  month  following  such 
failure,  unless  he  shall  satisfy  the  county  superintendent  that 
such  failure  was  caused  by  sickness  or  other  actual  inability. 
The  county  superintendent  shall  attend  each  meeting  of  the 
association,  and  shall  prepare  or  have  prepared  a  programme 
of  the  exercises  therefor. 

§  147.  [  Report  of  County  Superintendent] — The  county  super- 
intendent shall,  at  the  time  of  making  his  annual  report  to 
the  Superintendent,  also  report  the  time  and  place  of  holding 
the  teachers'  institute,  the  name  of  the  person  or  persons 
conducting  the  same,  the  number  of  persons  registered  as  in 
attendance,  the  number  of  teachers  of  common  schools  in  the 
county  w^ho  did  not  attend  the  institute  and  teachers'  associa- 
tion; and  such  other  facts  as  he  may  deem  of  value  and 
interest. 


86 


COUNTY   AND   DISTRICT   LIBRARY 


XIII.     COUNTY  AND  DISTRICT  LIBRARY. 


148.  County    Library  for    Teachers. 

To  be  in  care  of  the  County 
Superintendent,  for  whose 
benefit;  Institute  fees  and  do- 
nations to  constitute  fund. 

149.  County   Library   Committee    to 

consist  of  Superintendent  and 
two  persons  annually  elected 
by  County  Institute;  character 
of  record;  report  to  be  made 
to  (Superintendent  of  Public 
Instruction. 

150.  Organization   and   management 

a  district  school  proviso — 
of  a  library  in  connection  with 


none  of  the  school  revenues 
from  general  taxation  shall  be 
used  for  benefit  of  the  library. 
§  151.  Trustees  shall  have  control 
over  the  library;  shall  be  ac- 
countable for  its  care  and 
management,  and  make  an- 
nual report  concerning  it  to 
County  Superintendent.  Trus- 
tees may  receive  donations  to 
it;  forbidden  books;  library 
free  to  all  pupils  of  suitable 
age  belonging  -to  the  district; 
conditions  of  membership  to 
other  residents  of  the  district. 


§  148.  [  County  Library  —  By  Whom  Kept  -  Funds  -  How  Pro- 
vided]—There  shall  be  a  county  teachers'  library  in  each 
county  of  the  Commonwealth  to  be  kept  under  the  care  and  in 
the  office  of  the  county  superintendent,  for  the  exclusive  use 
and  benefit  of  the  teachers  of  the  county.  The  sums  collected 
for  the  purpose  at  each  annual  institute,  and  all  sums  added 
thereto  by  donation,  shall  constitute  the  county  library  fund, 
which  shall  be  kept  and  accounted  for  by  the  county  superin- 
tendent. 


§  149.  [  Library  Committee  —  Of  Whom  Composed  —  Duties  ]  — 
The  county  superintendent,  as  chairman,  and  two  persons 
annually  elected  by  the  county  institute,  shall  constitute  a 
library  committee,  for  the  selection  and  purchase  of  books, 
periodicals  and  furniture,  and  for  the  adoption  of  rules  for  the 
management  of  the  library  under  the  regulations  of  the  State 
Board  of  Education.  The  Superintendent  of  Public  Instruc- 
tion shall  supply  each  of  these  libraries  with  a  bound  copy  of 
each  edition  of  the  school  law,  of  his  biennial  reports,  and 
other  publications  of  his  department.  The  library  committee 
shall  keep  a  permanent  recod  of  its  acts  and  accounts  open  at 
all  times  to  the  inspection  of  the  teachers;  and,  through  its 
chairman,  shall  annually  report  to  the  county  institute  an 
itemized  statement  of  all  sums  received  and  expended;  the 
number,  names  and  cost  of  books  and  other  articles  purchased; 
all  donations  of  books  and  periodicals,  with  the  names  of  the 


COUNTY  AND    DISTRICT  LIBRARY.  87 

donors;  the  number  of  books  belonging  to  the  library;  the 
number  in  the  library;  the  number  on  loan,  and  such  other 
facts  as  may  be  required;  and,  in  his  annual  report  to  the 
Superintendent  of  Public  Instruction,  the  county  superintend- 
**nt  shall  state  the  sums  received,  the  sums  expended,  the 
number  of  volumes  in  the  library,  and  the  increase  during 
the  year.    [Acts  of  1894.] 

§  150.  [  Organization  and  Management  of  District  Library  ]  — 
When,  by  contribution,  purchase  or  otherwise,  forty  volumes 
can  be  collected  for  such  purpose,  the  district  trustees  may 
organize  a  district  library  in  connection  with  the  school  of  the 
district,  which  shall  be  for  the  use  of  the  district  in  which  the 
same  is  located.  They  may  make  such  suitable  arrange- 
ments for  keeping  the  books  and  periodicals  of  the  said  library 
as  may  be  necessary,  and  may  appoint  a  suitable  person  to 
take  charge  of  the  same,  and  to  manage  it  according  to  such 
rules  as  they  may  prescribe,  subject  to  the  regulations  pre- 
scribed by  the  county  board  of  examiners. 

§  151.  [  Trustees  to  Have  Coitrol  of  District  Library  —  Regula- 
tions]— The  trustees  shall  have  the  same  control  over  the 
library  as  over  the  other  school  property;  may  receive 
donations  of  books,  maps,  charts  and  other  works  of  interest. 
But  no  books  of  a  sectarian,  infidel  or  immoral  character  shall 
be  placed  in  the  library;  and  any  such  books  found  therein 
shall  be  removed  by  order  of  the  trustees  or  of  the  county 
superintendent.  The  library  shall  be  free  to  all  pupils  of 
suitable  age  belonging  to  the  schools  of  the  district,  but  any 
resident  of  the  district  may  become  entitled  to  the  privileges 
upon  the  payment  of  such  a  sum  of  money  for  membership  as 
the  trustees  may  prescribe. 


88 


COLORED  SCHOOLS. 


XIV.  COLORED  SCHOOLS. 


152.  Disposition  of  all  sums  arising 

from  any  donation,  gift,  grant, 
or  devise,  to  aid  in  the  educa- 
tion of  the  colored  children  of 
this  Commonwealth,  or  of  any 
county  or  school  district  there- 
in. 

153.  Pupil-children  shall  be  between 

the  ages  of  six  and  twenty 
years,  and  census  shall  be  tak- 
en and  reported  at  the  same 
time  and  in  the  same  manner 
as  the  census  of  white  children. 


§  154.  Time  and  manner  of  electing 
Trustees;  taxes  and  services 
for  benefit  of  schools,  voting 
for  Trustees,  and  attendance 
at  schools — disitinct  for  each 
race. 
155.  The  School  Officers  and  Teach- 
ers shall  be  organized  into 
Teachers'  Institutes,  for  them- 
selves, as  provided  in  §  §  137- 
147. 


§  152.  [Donation -Gift- Grant -Devise] —All  sums  arising 
from  any  donation,  gift,  grant  or  devise  by  any  person 
whatever,  wherein  the  intent  is  expressed  that  the  same  is 
designed  to  aid  in  the  education  of  the  colored  children  in  this 
Commonwealth,  or  any  county  or  school  district  therein,  shall 
be  held  and  used  for  the  purposes  specified  in  such  donation, 
gift,  grant  or  devise;  and  the  Superintendent  of  Public 
Instruction,  county  superintendent  of  common  schools  of  the 
county,  and  trustees  of  colored  common  school  districts,  shall 
receive  sucl^donations,  gifts,  grants  or  devise)for  the  benefit 
of  the  colored  schools  of  the  State  or  particular  county  or 
district,  respectively,  and  shall  hold  and  use  the  same  as 
requested  by  the  donor  or  devisor. 


§  153.  [  Pupil  Age  —  Annual  Census  —  How  Districts  Shall  Be 
Designated]— The  number  of  colored  children  in  each  district, 
between  the  ages  of  six  and  twenty  years,  shall  be  taken  and 
reported  at  the  same  time  and  in  the  same  manner  as  required 
by  law  for  taking  the  census  of  white  children.  All  colored 
districts  shall  be  designated  by  letters  in  alphabetical  order 
for  each  county,  as  District  A,  District  B,  and  so  on. 

§  154.   [Election  of  Trustees-District  Taxes.  Voters  and  Schools  ]- 

— Colored  school  trustees  for  each  colored  school  district  shall 
be  elected  at  the  same  time  and  in  the  same  manner  that  white 
trustees  are  elected;  but  no  tax  shall  be  levied  upon  the 
property  or  poll,  or  any  services  required  of  any  white  person 
for  the  benefit  of  a  school  for  colored  children;  and  no  tax  shall 


COLORED  SCHOOLS.  89 

be  levied  upon  the  property  or  poll  or  any  services  required  of 
any  colored  person  for  the  benefit  of  a  school  for  white 
children ;  and  no  colored  person  shall  be  allowed  to  vote  for 
a  trustee  of  a  white  school,  and  no  white  person  shall  be 
allowed  to  vote  for  a  trustee  of  a  colored  school.  It  shall  hot 
be  lawful,  under  any  of  the  provisions  of  this  chapter,  for  any 
white  child  to  attend  any  common  school  provided  for  colored 
children,  or  for  any  colored  child  to  attend  any  common  school 
provided  for  white  children. 

§  155.  [County  Teachers' Institute] — The  colored  school  offi- 
cers and  teachers  shall  be  organized  into  teachers'  institutes 
for  themselves,  in  the  same  manner,  and  to  the  same  extent, 
as  provided  for  in  sections  137  to  147,  inclusive. 

§  156.  [  Penalties  Prescribed  -  How  Enforced  ]— All  duties 
which  are  required  of  any  officer  under  this  chapter  shall  be 
performed  by  them  under  the  penalties  herein  prescribed; 
and  when  no  penalties  are  prescribed,  then  the  officer  failing* 
to  perform  the  duties  imposed  shall  be  guilty  of  a  misde- 
meanor, and,  upon  indictment  in  the  circuit  court  of  the  county 
in  w^hich  said  misdemeanor  may  occur,  shall  be  subject  to  a 
fine  in  any  amount,  in  the  discretion  of  the  jury,  and  the  Super- 
intendent of  Public  Instruction  shall  give  information  of  all 
failures  or  neglect  of  duty  which  come  to  his  knowledge  to  the 
attorney  for  the  Commonwealth  in  the  county  in  which  the 
failure  to  perform  or  neglect  of  duty  shall  occur.  The 
Superintendent  of  Public  Instruction  shall  issue,  as  occasion 
demands,  a  circular  letter  to  the  circuit  judges  of  the  State, 
setting  out  the  methods  by  which  frauds  have  been  committed 
against  the  State  school  funds,  and  other  violations  of  the 
school  law  perpetrated,  and  request  that  they  c^ll  the  atten- 
tion of  the  grand  juries  to  the  same.     [Acts  of  1894.] 

§  157.  [  Emergency- Why  Existing  ]  -As  a  large  number  of 
pupil  children  in  the  State  are  deprived  of  an  opportunity  to 
attend  a  five  months^  school,  by  reason  of,  being  placed  in 
districts  that  maintain  only  three  and  four  months'  schools; 
and  as  it  is  clearly  the  intention  of  the  law  that  each  child 
should,  at  as  early  a  date  as  possible,  have  an  equal  opportu- 
nity to  obtain  a  common  school  education;  therefore,  an 
emergency  exists,  which  emergency  is  hereby  declared,  and 


90  ENFORCED  ATTENDANCE. 

this  act  shall  take  effect  when  approved  by  the  Governor;  and 
all  laws  and  parts  of  laws  in  conflict  herewith  are  hereby- 
repealed. 

Act  approved  July  6,  1893,  amended  by  act  of  March  10,  1894. 


XV.     ENFORCED  ATTENDANCE. 

AN  ACT  concerning  the  Educatioix  of  Children. 

Be  it  enacted  hy  the  General  AssemUy  of  the  Commonwealth  of 
Kentucky:  §  158.  That  every  parent,  guardian  or  other  person 
in  the  State  of  Kentucky,  having  the  control  of  any  child  or 
children  between  the  ages  of  (7)  seven  and  (14)  fourteen  years^ 
shall  be  required  to  send  such  child  or  children,  annually,  at 
least  (8)  eight  weeks  of  which  attendance  shall  be  consecutive^ 
to  some  public  or  private  day  or  night  school  for  children: 
Provided,  hoicever,  That  this  act  shall  not  apply  in  any  case 
where  the  child  has  been  or  is  being  taught  at  home  in  such 
branches  as  are  taught  in  public  schools  for  a  like  period  of 
time  and  subject  to  the  same  examinations  as  other  pupils  of 
the  district  or  city  in  which  the  child  resides,  or  whose  physical 
or  mental  condition  renders  his  or  her  attendance  impracti- 
cable, or  who  is  excused  by  the  trustees  of  the  public  school 
district  or  the  board  of  education  of  the  city  in  which  the  par- 
ent, guardian  or  person  having  control  resides,  upon  its  being 
shown  to  their  satisfaction  that  the  parent,  guardian  or  person 
having  control  was  not  able,  by  reason  of  poverty,  to  clothe 
such  child  properly,  or  that  he  or  she  has  already  acquired  the 
ordinary  branches  required  by  law,  or  that  there  is  no  white 
school,  in  the  case  of  white  children,  or  colored  school,  in  the 
case  of  colored  children,  taught  within  two  (2)  miles  by  the 
nearest  traveled  road. 

§  159.  Any  parent,  guardian  or  other  person  failing  to 
comply  with  the  provisions  of  this  act  shall  forfeit  to  the  use 
of  the  schools  in  the  city,  town  or  common  school  district  in 
which  such  child  resides,  a  sum  not  less  than  five  ($5)  nor  more 
than  twenty  (|20)  dollars  for  the  first  offense,  nor  less  than  ten 
(|10)  nor  more  than  fifty  (|50)  dollars  for  the  second  and  every 
subsequent  offense,  and  costs  of  suit. 

§  160.  It  shall  be  the  duty  of  any  school  trustee  or  presi- 
dent of  the  Board  of  Education  to  inquire  into  all  causes  of 
complaint  and  neglect  of  duty  prescribed  in  this  act,  and  he 


ENFORCED  ATTENDANCE.  91 

shall  notify  in  writing  the  parent,  guardian  or  other  person  so 
offending  that  such  complaint  has  been  made,  and  if  the  cause 
be  not  shown  within  five  (5)  days,  to  at  once  proceed  against 
the  responsible  persons  as  is  hereby  provided;  and  any  school 
trustee  or  president  of  the  Board  of  Education  neglecting  to 
undertake  such  prosecution  in  good  faith  for  such  dffense, 
within  ten  (10)  days  after  a  written  notice  has  been  served  on 
him  by  any  tax-payer  in  said  district  or  city,  unless  the,  person 
so  complained  of  shall  be  excused  by  the  district  or  city  board, 
or  Board  of  Education,  for  the  reasons  hereinbefore  stated, 
shall  forfeit  to  the  public  schools  in  the  city,  town  or  common 
school  district  in  which  said  trustee  or  president  of  the  board 
of  education  resides,  a  sum  not  less  than  ten  (|10)  nor  more 
than  fifty  (|50)  dollars. 

§  161.  Any  person  having  control  of  a  child,  who  with 
intent  to  evade  the  provisions  of  this  act,  shall  make  a  will- 
fully false  statement  concerning  the  age  of  such  child,  or  the 
time  such  child  has  attended  school,  shall  forfeit  for  each  of- 
fense a  sum  not  less  than  five  (|5)  nor  more  than  twenty  (|20) 
dollars,  for  the  use  of  public  schools  for  such  city,  town  or 
district. 

§  162.  Any  fine  or  penalty  mentioned  in  this  act  may  be 
sued  for,  and  recovered  before  any  court  of  record  or  justice 
of  the  peace  of  the  proper  county,  in  the  name  of  the  Common- 
wealth of  Kentucky,  for  the  use  of  the  public  schools  of  the 
city,  town  or  district  in  which  said  child  resides. 

§  163.  That  upon  the  trial  of  any  offense  as  charged  herein, 
if  upon  such  trial  it  shall  be  determined  that  such  prosecution 
was  malicious,  then  the  cost  in  such  case  shall  be  adjudged 
against  the  complainant,  and  collected  as  fines  in  other  cases. 

§  164.  The  conditions  and  provisions  of  this  act  shall  apply 
to  any  parent,  guardian  or  person  having  control  of  any 
colored  child  or  children,  in  like  manner  as  in  sections  159, 160, 
161,  162,  and  163,  but  no  white  child  shall  be  permitted  to 
attend  or  become  a  pupil  in  any  school  for  colored  children, 
and  no  colored  child  shall  be  permitted  to  attend  or  become  a 
pupil  in  any  school  for  white  children. 

[Sections  158  to  164,  inclusive,  became  a  law  March  28, 
1896,  without  the  signature  of  the  Governor,  ten  days  after  the 
idjournment  of  the  Legislature  and  became  effective  June 
15, 1896,  ninety  days  after  the  adjournment  of  the  Legislature.] 


SCHOOL  LAWS 


Other  than  those  found  In  Chapter  160,  Acts  of   Assembly 

1892''93,  and  contained  In  the  preceding 

part  of  this  work. 


I.       PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FIRST  CLASS. 

(Tlie  sections  are  numbered  as  in  charter  of  1893.) 

§  166.  At  the  regular  municipal  election  in  1893  there  shall 
be  elected,  by  the  qualified  voters  in  each  legislative  district 
of  the  city,  two  qualified  persons  as  school  trustees,  and  the 

persons  so  elected  shall  constitute  and  be  styled  the 

(name  of  city)— school  board,  and  by  said  title  shall 

be  a  corporation.  The  trustees  first  elected  shall,  within  three 
months  after  the  election,  cause  the  trustees  from  each  district 
to  be  divided  by  lot  into  two  classes,  and  the  members  of  the 
first  class  shall  vacate  their  offices  at  the  end  of  one  year  from 
the  day  of  their  general  election ;  and  annually  thereafter  there 
shall  be  elected  by  the  qualified  voters  in  each  district  one 
(jualified  person  as  trustee  of  said  schools,  who  shall  hold  his 
office  for  two  years  and  no  longer.  The  school  trustees  of 
cities  of  the  first  class  are  hereby  continued  corporate  under 

the  name  and  style  of  the (name  of  city) 

school  board,  with  power  to  govern  themselves  by  such  rules 
and  regulations  for  school  purposes  as  they  may  deem  proper, 
not  to  conflict  with  this  act  nor  the  Constitution  and  laws  of 
this  State  nor  the  United  States;  with  power  to  contract  and  be 
contracted  with,  sue  and  be  sued,  to  defend  and  be  defended  in 
{ill  courts;  to  acquire  property  for  school  purposes  by  pur- 
chase, gift  or  otherwise;  to  hold  the  same  and  all  property  and 
effects  now  belonging  to  them,  or  in  the  names  of  others,  to  the 
use  of  the  public  school,  for  the  purposes  and  intent  for  which 
the  same  were  granted  or  dictated;  to  use,  manage,  improve. 


94  PUBLIC  SCHOOLS  IN   CITIES  OF  THE  FIRST  CLASS. 

sell  or  convey,  rent  or  lease  property  and  have  like  power  over 
property  hereafter  acquired;  to  have  a  common  seal,  and 
change  it  at  pleasure,  and  act  with  or  without  a  seal.  No 
portion  of  the  property  or  funds  held  or  raised  for  said  schools 
shall  ever  be  applied  to  the  support  of  any  school  or  schools 
oot  entirely  under  the  control  and  management  of  the  said 
board.  The  members  of  said  board  shall,  before  entering 
upon  the  duties  of  their  offices,  make  oath  or  affirmation, 
before  some  judicial  officer  of  this  Commonwealth,  faithfully 
to  discharge  the  duties  enjoined  on  them.  In  conformity  to 
the  provisions  of  section  152  of  the  Constitution  of  Kentucky, 
the  said  board  shall  have  power  to  fill  all  vacancies  by  death, 
resignation  or  other  causes,  and  shall  judge  of  the  qualifica- 
tion of  its  members. 

§  167.  Kules  and  by-laws  shall  be  adopted  by  the  board 
within  thirty  days  after  organization  succeeding  each  election ; 
they  shall  not  be  amended,  suspended,  or  repealed,  except 
upon  affirmative  vote  of  not  less  than  two-thirds  of  the 
members  in  office,  upon  yea  and  nay  vote  of  the  board,  entered 
upon  its  records. 

§  168.  The  board  shall  meet  once  a  month,  and  oftener  if 
necessary  for  the  transaction  of  business.  A  majority  of  the 
board  shall  be  a  quorum. 

§  169.  No  appropriation  of  money  shall  be  made  by  the 
board,  except  upon  the  affirmative  vote  of  a  majority  of  the 
members.     The  vote  shall  be  entered  upon  its  records. 

§  170.  All  proceedings  of  the  board  shall  be  entered  in  a 
book  provided  for  that  purpose.  This  book  shall  be  a  public 
record,  and  at  all  times  be  open  to  the  inspection  of  the 
citizens. 

§  171.  It  shall  be  the  duty  of  the  board,  at  the  beginning  of 
each  fiscal  year,  to  ascertain  and  estimate,  as  correctly  as  may 
be,  the  means  applicable  to  educational  purposes  for  the 
current  fiscal  year;  when  such  sum  is  ascertained,  the  board 
shall  apply  the  same  to  the  following  purposes:  Salaries, 
repairs,  rents,  building  account,  general  expenses  and  inci- 
dental expenses.  The  board  may,  from  time  to  time,  there- 
after, change  the  amount  appropriated  for  said  different  pur- 
poses, with  the  consent  of  not  less  than  two-thirds  of  the 


PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FIRST  CLASS.  95 

members;  but  in  no  event  shall  the  board  exceed  in  the  ag- 
gregate the  estimated  amount  of  its  income  for  the  current 
year;  nor  shall  it  incur  any  liability  in  one  year  to  be  paid  out 
of  the  revenues  of  the  next  year. 

§  172.  The  fiscal  year  of  the  board  shall  begin  on  the  first 
day  of  January  and  end  on  the  thirty-first  day  of  December. 
The  scholastic  year  of  the  board  shall  be  the  same  fixed  by-the 
statutes  of  Kentucky. 

§  173.  The  board  shall  elect  principals  and  teachers,  regu- 
late and  fix  their  salaries  and  the  term  of  office  of  all  the  teach- 
ers, officers  and  employes  of  the  board.  The  salaries  shall 
not  be  changed  during  the  year  for  which  they  are  fixed.  The 
board  may  dismiss  or  suspend  any  principal  or  teacher  or  em- 
ploye for  misconduct,  inefficiency,  neglect  of  duty  or  dimin- 
ished attendance  of  pupils. 

§  174.  The  board  shall  prescribe  the  branches  of  education 
to  be  taught  and  the  text-books  to  be  used.  Text-books  once 
adopted  shall  not  be  changed  except  by  unanimous  consent 
of  the  board  until  notice  of  said  proposed  change  shall  be 
given  and  entered  upon  the  records  of  the  board  one  full  scho- 
iastic  year,  and  then  only  by  the  affirmative  vote  of  not  less 
than  two-thirds  of  the  members. 

§  175.  The  board  shall  prescribe  the  necessary  qualifica- 
tions and  mode  cf  examination  for  applicants  for  admission  to 
the  various  schools.  For  school  children  whose  parents  are 
too  poor  to  purchase  books,  the  board  shall  provide 
text-books. 

§  176.  No  catechism  or  other  formula  of  religious  belief 
shall  be  taught  or  inculcated,  nor  shall  any  class-book  be  used 
which  reflects  on  any  religious  denomination. 

§  177.  The  board  shall  have  power  to  admit  to  the  school 
pupils  from  beyond  the  city  limits,  and  shall  collect  from  all 
person-^  so  admitted  tuition  fees  for  the  benefit  of  the  school 
fund  of  the  city,  but  may  make  equitable  allowance  or  reduc- 
tion for  taxes  paid  for  schools  by  such  children  or  their  par- 
ents on  property  in  the  city.  Children  of  persons  residing 
outside  of  the  city  limits  shall  not  be  admitted  as  pupils  into 
any  of  the  public  schools,  except  upon  payment  of  such  tuition 
as  the  board  may  require  as  aforesaid. 


96  PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FIRST  CLASS. 

§  178.  The  board  sliall  elect  for  a  term  of  two  years  a 
secretary,  who  shall  attend  all  meetings  of  the  board  and 
keep  its  records.  He  shall  receive  all  moneys  due  the  board, 
and  shall  deposit  the  same  in  some  chartered  bank  to  be 
selected  by  him  and  approved  by  the  board,  and  he  shall  per- 
form such  other  duties  as  may  be  required  by  the  board.  He 
shall  annually  give  bond,  with  security,  to  be  approved  by  the 
board,  for  the  faithful  discharge  of  his  duties. 

§  179.  The  funds  of  the  board  deposited  in  the  bank  shall 
be  withdrawn  only  on  the  order  of  the  board,  evidenced  by 
ihe  check  of  its  secretary,  countersigned  by  the  chairman  of 
the  committee  on  finance,  or  in  his  absence  or  disability,  by 
t  he  next  member  of  the  committee  in  order. 

§  180.  No  fees  or  perquisites  shall  be  received  by  said 
secretary.  Interest  paid  on  deposits  must  be  accredited  to 
the  board. 

§  181.  The  board  shall  elect  for  a  term  of  two  years  a  su- 
perintendent, who  shall  perform  such  duties  as  may  be  pre- 
scribed by  the  board. 

§  182.  In  investigation  of  charges  or  complaints  against 
any  of  its  members,  officers,  principals,  teachers  or  other 
employes,  the  board,  or  its  committee  on  grievances,  shall 
have  the  power  to  summon  witnesses,  and  by  its  chairman  ad- 
minister oath.  Any  willful  disregard  of  said  summons  or  pro- 
cess may  be  punished  by  any  judge  of  the  circuit  court  on  com- 
plaint of  the  board  as  contempt  of  such  court  is  punished. 

§  183.  The  board  may  punish  its  members  for  misconduct 
by  reprimand  or  expulsion  from  office,  and  punish  its  officers, 
principals,  teachers  and  employes  by  reprimand,  suspension, 
forfeiture  of  pay  or  dismissal,  as  it  may  judge  appropriate 
for  the  offense  committed.  Any  officer  or  member  of  said 
board  who  shall  receive  any  money  or  other  thing  of  value, 
directly  or  indirectly,  for  his  vote  or  influence  in  favor  of  any 
measure  upon  which  he  shall  act  officially,  shall  be  deemed 
guilty  of  a  felony,  and,  upon  coiniction  thereof,  be  confined  in 
the  penitentiary  not  less  than  two  nor  more  than  ten  years. 

§  184.  To  raise  money  for  the  maintenance  of  the  schools 
the  general  council  shall,  in  the  year  1893,  and  annually  there- 
after, cause  to  be  levied  and  collected  a  tax  of  not  less  than 


PUBLIC   SCHOOLS  IN   CITIES   OF  THE  FIRST   CLASS.  97 

tliii't3^-tliree  cents  on  each  one  hundred  dollars'  worth  of  prop- 
erty assessed  for  taxation  for  city  purposes.  Upon  the  com- 
pletion of  the  assessment,  of  property  for  taxation  the  amount 
levied  as  above  shall  annually  be  jjassed  to  the  credit  <of  the 
school  fund  upon  the  books  of  the  city,  and  the  said  amount, 
as  collected,  shall  be  paid  over  to  the  board  by  the  treasurer 
in  regular  weekly  installments,  the  first  payment  to  be  made 
within  one  week  after  the  collection  of  said  amount  shall  h^v^ 
been  commenced,  and  the  other  payment  to  be  made  weekly 
thereafter  in  current  money  by  the  said  treasurer  as  collected. 

§  185.  For  the  maintenance  of  the  schools  there  shall  be 
appropriated  the  sum  or  sums  which  may  have  been  received 
from  year  to  year  as  the  city's  portion  of  the  school  fund  of  this 
Commonwealth. 

§  186.  So  much  real,  personal  or  mixed  property  in  the 
city  which,  from  alienage,  defect  of  heirs,  failure  of  kindred 
or  other  causes,  shall  escheat  to  the  Commonw^ealth  of  Ken- 
tucky, shall  vest  in  the  board  for  the  use  and  benefit  of  the 
schools.  Said  board  may,  in  the  name  of  the  Commonwealth, 
for  the  use  and  benefit  of  the  public  schools  of  the  city,  by  its 
president  or  other  officer  to  be  designated  by  it,  enter  upon 
and  take  possession  of  said  property,  or  sue  for  and  recover  the 
same  by  an  action  at  law  or  in  equity,  and  without  office  found. 
The  board  may  sell  any  convey  any  of  such  property  by  war- 
ranty deed  or  othenvise. 

§  187.  The  board  shall  have,  the  power  to  examine,  or 
cause  to  be  examined,  by  competent  persons,  all  applicants  for 
the  position  of  principal,  teacher  or  professor  in  the  schools. 

§  188.  A  certificate  granted  to  any  person  shall  be  void, 
if  the  holder  thereof  shall  not  receive  regular  employment  of 
the  board  within  five  years  from  its  date,  but  may  be  renewed 
by  another  examination.  The  board  may  revoke  any  certifi- 
cate issued  by  it  for  any  cause  by  it  deemed  sufficient. 

§  189.  When  a  city  of  the  first  class  establishes  and 
maintains  a  system  of  common  schools,  which  all  applying  for 
instruction  are  permitted  to  attend  free  of  charge,  the  same 
shall  be  deemed  one  school  district  for  taxation  purposes,  and 
entitled  to  its  proportion  of  the  school  fund.  Such  city  shall, 
through  its  proper  offices,  deputed  for  that  purpose,  make  it» 

[7] 


98'  PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FIRST   CLASS. 

annual  report  to  the  Superintendent  of  Public  Instruction,  at 
the  time  and  in  a  similar  manner  to  that  required  of  trustees 
of  other  districts.     They  shall  also  take  the  census  of  children 
of  school  age  in  the  disVict  each  year,  and  make  returns  there- 
of to  the  Superintendent  of  Public  Instruction  at  the  same 
time  other  school  trustees  are  required  to  make  their  returns, 
and  shall,  for  neglect  of  their  duty  in  that  respect,  be  liable  to 
the  same  penalties.  The  board  shall  appoint  a  sufficient  num- 
ber of  enumerators  to  take  the  census  within  the  time  provided 
by  law;  Provided  however,  That  the  board  of  education  shall 
be  allowed  thirty  additional  days,  if  in  their  opinion  they  deem 
it   necessary   for   an    accurate   and    complete    census;    each 
enumerator  to  be  at  least  twenty-one  years  of  age,  and  a 
bona  fide  resident  of  the  ward  whose  territory,  or  a  part  of 
whose  territory,  he  is  appointed  to  enumerate,  and  to  take  an 
oath  or  affirmation  that  he  will  take  the  census  accurately 
and  truly,  to  the  best  of  his  skill  and  ability.     The ^census 
shall  be  returned  by  wards,  each  block  of  which  shall  be 
enumerated  on  a  separate  list  or  lists,  the  street  and  number 
of  residence  of  each  person  so  listed  to  be  given.     The  lists 
shall  be  made  out  in  duplicate,  one  to  be  filed  with  the  school 
board  and  one  to  be  forwarded  to  the  Superintendent  of  Public 
Instruction,  as  aforesaid.     No  enumerator  shall  take  the  cen- 
sus of  any  child  not  residing  in  the  territory  to  which  he  is 
assigned,  nor  shall  more  than  one  enumerator  be  assigned  to 
the  same  territory;  Provided,  however,  That  this  shall  not  be 
construed  so  as  to  prevent  the  board  of  education  from  fill- 
ing any  vacancy  caused  by  removal,  resignation  or  from  any 
other  cause.     They  shall  not  include  in  the  census  any  person 
residing  temporarily  in  the  city  for  the  purpose  of  attending 
school,  or  who  are  members  of  a  family  staying  temporarily 
in  the  same,  but  whose  actual  residence  is  elsewhere,  nor  shall 
they  enumerate  others  who  reside  in  the  city  temporarily  for 
whatever  purpose,   but  whose  parents   or  guardians  reside 
elsewhere.      They  shall  not  include  in  the  census  any  child 
'  that  has  been  adjudged  an  idiot,  that  is  blind,  deaf  and  dumb, 
or  that  is  in  attendance  at  the  State's  institution  for  the  feeble 
minded.     In  case  any  parent  or  guardian,  head  of  family,  or 
other  person  having  charge  of  any  child  entitled  to  school 
privileges,  shall  refuse  to  report  to  the  enumerator  any  facts 
required  herein,  necessary  to  a  full  and  accurate  census,  he 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  convic- 
tion, shall  be  fined  not  less  than  five  nor  more  than  twenty- 


{(  o^^"^' 

PUBLIC  SCHOOLS  IN   CITIES  OF  T^  FIRST  CLASS.  99 

five  dollars.  Each  enumerator  shall  when  making  returns  of 
said  census  to  the  proper  officers,  make  affidavit  or  affirmation 
that  he  has  taken  and  returned  the  enumeration  in  accordance 
with  the  provisions  of  this  act,  to  the  best  of  his  knowledge 
and  belief,  and  that  such  list  contains  the  names  of  all  per- 
sons entitled  to  be  enumerated  and  no  others.  Each  oath 
or  affirmation  provided  for  in  this  section  shall  be  made  a 
part  of  the  blanks  on  which  the  census  is  taken,  and  a  matter 
of  record  in  both  the  office  of  the  school  board  and  that  of  the 
Superintendent  of  Public  Instruction.  Each  enumerator  shall 
be  allowed  reasonable  compensation  per  diem  for  services, 
to  be  paid  out  of  the  school  fund  of  said  city.  Any  school 
officer,  or  other  person  appointed  as  enumerator,  or  any  offi- 
cer through  whose  hands  the  school  census  required  by  this 
act  shall  pass  who  shall  knowingly  enumerate  persons  not 
entitled  to  be  listed,  or  who  shall,  in  any  manner,  add  to  or 
take  from  the  number  actually  enumerated,  shall,  in  addition 
to  being  liable  to  punishment  for  the  crime  of  false  swearing, 
be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction  of 
such  offense,  shall  be  fined  in  any  sum  not  less  than  five  nor 
more  than  one  hundred  dollars,  or  imprisonment  in  the  county 
jail  not  less  than  ten  nor  more  than  thirty  days,  in  the  discre- 
tion of  the  court.  The  county  superintendent  of  the  county 
in  which  such  cities  are  located,  shall  have  no  control  over 
the  schools  in  such  districts  but  the  same  shall  be  governed 
in  all  respects  as  herein  provided.  [Becalne  a  law  March  21, 
1898,  without  the  approval  of  the  Governor.] 

§  190.  No  person  shall  be  eligible  to  the  office  of  trustee 
of  the  public  schools  who  has  not  attained  the  age  of  thirty 
years,  and  who  is  not  a  housekeeper,  or  who  is  not  the  owner 
of  real  estate  in  said  city,  or  who  is  not  a  citizen  of  the  United 
States,  or  a  bona  fide  resident  of  the  Commonwealth  of  Ken- 
tucky, and  of  the  legislative  district  of  the  city  for  which  he 
is  elected,  for  three  years  next  preceding  his  election;  or  who 
holds  or  discharges  any  office,  deputyship  or  agency  under  the 
city  or  any  district  or  county,  or  under  the  State  of  Kentucky 
or  any  department  thereof,  or  under  the  United  States  or  any 
foreign  government,  except  notaries  public  and  militia  officers 
of  Kentucky.  No  person  shall  be  eligible  to  this  office  who, 
at  the  time  of  his  election,  is  directly  or  indirectly,  interested 
in  any  contract  with  the  board,  or  who  holds  any  office  of 
trust,  agency  or  salary  with  any  corporation  which  holds  any 


100  PUBLIC  SCHOOLS  IN   CITIKS  OF  THE  SECOND   CLASS. 

contract  with  the  board,  or  who  is  in  any  way  benefited  by  the 
appropriations  of  the  board;  or  whose  father,  son,  brother, 
wife,  daughter  or  sister  is  employed  as  teacher  or  as  professor, 
or  in  any  other  capacity  by  said  board,  or  in  any  of  the  public 
schools,  or  who  is,  directly  or  Indirectly,  interested  in  the  sale 
to  the  board  of  books,  stationery  or  other  property. 

§  191.  If,  after  election,  any  member  of  the  board  should 
become  a  candidate  for  nomination  or  for  any  office  or  agency, 
the  holding  and  discharging  of  which  would  have  rendered 
him  ineligible  before  his  election,  or  should  he  remove  out  of 
the  district  for  which  he  was  chosen,  or  should  he  do  or  incur 
anything  which  would  have  rendered  him  ineligible  for  elec- 
tion, or  should  any  of  the  relatives  above  specified  be  employed 
by  the  board,  his  office  shall  become  vacant  and  be  filled  as 
herein  directed. 

§  192.  Members  of  the  board  shall  not  be  elsewhere  called 
in  question  for  language  used  in  debate. 

§  193.  No  white  child  shall  become  a  pupil  in  any  school 
for  colored  children,  and  no  colored  child  shall  become  a 
pupil  in  any  school  for  white  children;  but  schools  for  white 
and  colored  children  shall  be  kept  and  maintained  separately, 

'  Approved  July  1,  1893. 


II.     PUBLIC  SCHOOLS  IN  CITIES  OF  THE  SECOND  CLASS. 

(Article  IX  of  the  Charter.) 

§  1.  There  shall  be  maintained  a  system  of  public  schools, 
at  which  all  children  who  are  bona  fide  residents  of  the  city  be- 
tween the  ages  of  six  and  twenty  years  may  be  taught  at  the 
public  expense,  and  schools  may  be  opened  as  a  part  of  said 
system  to  teach  children  of  the  ages  of  four,  five  and  six  years 
by  the  kindergarten  method.  Said  schools  shall  be  under  the 
control  of  a  board,  to  be  styled  the  "Board  of  Education,"  con- 
sisting of  two  trustees  from  each  ward  in  the  city,  to  be  elected 
however,  by  the  qualified  voters  at  large  of  the  city.  Said 
board  of  education  shall  continue,  and"  they  are  hereby  de- 


PUBLIC  SCHOOLS  IN  CITIES  OF  THE  SECOND  CLASS.  101 


clared,  a  body-politic  and  corporate,  under  the  name  and 
style  of  "Board  of  Education,"  with  perpetual  succession;  and 
by  that  name  may  contract  and  be  contracted  with,  sue  and 
be  sued,  have  and  use  a  corporate  seal,  the  same  to  alter  or 
renew  at  pleasure;  may  purchase,  receive,  hold,  lease  and 
dispose  of  real  and  personal  estate  for  public  school  purposes. 
The  control  and  management  of  the  public  schools  of  the  city 
and  the  property  and  funds  thereunto  belonging,  shall  be,  and 
is  hereby,  vested  in  said  board,  subject  to  the  provisions  of 
this  act  They  shall  have  power  to  make  by-laws  and  rules, 
not  in  conflict  herewith,  necessary  for  the  discharge  of  their 
duties  and  the  government  of  their  proceedings.  They  sliall 
meet  once  in  each  month,  or  oftener  if  necessary,  but  it  shall 
require  a  majority  of  the  members-elect  of  said  board  to  con.- 
stitute  a  quorum  for  the  transaction  of  business,  and  for  t'**:  ^ 
appropriation  of  money  or  the  execution  of  a  contract,  tlie 
concurrence  of  a  majority  of  the  members-elect  of  said  board 
shall  be  indispensable,  and  upon  a  call  for  the  yeas  and  navs, 
to  be  entered  of  record.  The  meetings  of  said  board  shall  b^^ 
held  in  some  public  place,  and  a  correct  record  of  their  pro- 
ceedings shall  be  kept  in  a  book  provided  for  that  purpos?, 
which  shall  be  a  public  record,  and  open  to  inspection  by  any 
officer  or  citizen  of  the  city. 

§  2.  Said  board  of  education  shall  determine  for  itself 
the  qualification  and  election  of  its  members.  They  shall 
have  the  power  to  fill,  until  the  next  general  election,  all  va- 
cancies in  said  board,  occasioned  b}^  death,  removal  or  other- 
wise, and  all  returns  of  election  shall  be  made  to  the  clerk  of 
said  board,  who  by  direction  of  the  board,  shall  issue  certifi- 
cates of  election. 

§  3.  All  the  property  now  used  for  public  school  pur- 
poses in  the  city,  or  which  may,  at  any  time,  be  owned  by  the 
board  of  education,  and  all  the  funds  or  means  that  may,  at 
any  time,  come  under  the  control  of  same,  are  hereby  forever 
dedicated  to  the  purpose  of  public  schools  of  the  city,  and  the 
title  to  all  ijToperty,  real  and  personal,  and  the  property  itself, 
in  the  city,  known  and  used  as  public  school  property,  are 
hereby  vested  in  said  corporation,  and  the  same  shall  forever 
remain  free  from  any  debt  or  liabilitA^  of  the  city,  and  free 
from  any  city  o.^  State  taxation. 

§  4.     Said  board  shall  have  power  to  elect  and  appoint 


102  PUBLIC   SCHOOLS  IN   CITIES  OF  THE  SECOND   CLASS. 

such  superintendent,  principals  and  teachers  as  they  may 
deem  necessary  for  the  public  school,  regulate  and  fix  their 
salaries,  and  may,  at  any  time,  suspend  or  remove  tJiem,  or 
any  of  them,  by  a  Yote  of  two-thirds  of  the  members-elect  of 
the  board.  Said  board  may  purchase,  build  or  rent  any 
ground,  building  or  buildings  necessary  or  convenient  for 
public  school  purposes,  and  may  make  contracts  to  that  end; 
and  any  property  so  leased,  purchased,  or  otherwise  occupied, 
may  be  reserved  by  terms,  deed  or  lease  to  the  public  schools 
of  the  city;  and,  if  so  reserved,  shall  not  be  liable  for  any  debt 
or  debts  of  the  city  not  incurred  for,  public  school  purposes. 
Said  board  may  also  receive  and  hold  to  public  school  pur- 
poses any  gift  or  devise. 

§  5.  Said  board  shall  prescribe  the  branches  of  educa- 
tion to  be  taught,  the  necessary  qualifications,  and  mode  of 
examination,  and  the  number  of  teachers  to  be  annually  ad- 
mitted to  each  school.  They  shall  fix  the  boundaries  of  the 
districts  within  which  children  shall  be  admitted  to  each 
school;  but  the  majority  of  said  board  may  permit  children 
residing  in  one  district  to  attend  school  in  another.  They  may 
establish  high  schools  and  fix  a  grade  of  public  schools,  and 
prescribe  the  rules  by  which  pupils  may  pass  from  one  grade 
to  another,  and  from  the  graded  to  the  high  school. 

§  6.  All  children  entitled  shall  have  equal  right  of  admis- 
sion to,  and  benefits  of,  said  school,  wherein  no  catechism  or 
other  form  of  religious  belief  shall  be  taught  or  inculcated; 
nor  shall  any  class  book  be  used  therein  which  reflects  upon 
any  religious  denomination  or  sect;  neither  shall  any  of  said 
schools  be  so  conducted  as  to  interfere  with  the  religious  faith 
or  creed  of  either  parents  or  pupils. 

§  7.  Said  board  shall,  at  the  end  of  each  scholastic  year, 
prepare  and  cause  to  be  published,  a  printed  statement  show- 
ing the  number  of  admissions  in,  expulsions  from,  and  present 
number  of  pupils  in  each  school,  with  the  general  condition, 
and  the  educational  progress  made  therein;  the  amount, 
character  and  condition  of  all  funds  and  other  property  be- 
longing to  said  schools,  together  with  such  other  informa- 
tion as  may  be  proper  and  necessary  for  the  benefit  of  said 
schools  and  the  general  public. 


PUBLIC  SCHOOLS  IN  CITIES  OF  THE  SECOND  CLASS.  103 

§  8.  Said  board  shall  annually,  in  the  month  of  January, 
approximately  ascertain  the  amount  of  money  necessary  to 
be  used  to  defray  the  expenses  of  maintaining  the  schools, 
improving  or  constructing  of  buildings,  and  so  forth  thereof, 
and  any  liquidations  of  the  liabilities  during  the  current  fis- 
cal year,  and  report  the  same,  together  with  the  amount  to  be 
received  from  the  common  school  fund  of  the  State  of  Ken- 
tucky (which  amount  the  board  shall  ascertain  by  taking^  the 
census  required  by  law  in  April)  to  the  Auditor,  and  there- 
upon the  general  council  shall,  at  the  request  of  said  board, 
levy  and  collect  such  taxes  as  may  be  requested,  and  the 
money  arising  from  said  levy  shall,  under  the  direction  and 
control  of  said  board,  be  used  for  the  benefit  of  the  common 
schools  and  for  the  purpose  of  paying  off  the  indebtedness  of 
said  board:  ProvideE,  That  said  levy  shall  not,  in  any  one 
year,  exceed  thirty-five  cents  on  each  one  hundred  -dollars' 
valuation,  and  ten  cents  on  each  one  hundred  dollars'  valua- 
tion additional  for  sinking  fund  purposes,  as  returned  by  the 
Board  of  Equalization  on  all  taxable  property  in  the  city: 
And  provided  further,  That  this  act  shall  not  be  so  construed  as 
to  prevent  said  board  from  receiving  and  expending  any  sum 
or  sums  that  may  come  to  them  by  gift,  devise,  or  any  law  of 
the  State.  The  tax  bills  for  all  taxes  levied  by  the  general 
council  for  the  public  schools  shall  be  made  out  by  the  city 
clerk  and  included  in  the  tax  bills  containing  the  ordinary 
levy,  and  shall  be  collected  with  the  same,  by  the  same  officer, 
and  in  the  same  manner  that  the  ordinary  levies  are  collected 
by  the  collecting  officer,  and  the  powers  and  duties  conferred 
and  required  of  officers  in  collecting  the  ordinary  city  taxes 
are  hereby  conferred  and  required  of  them  in  collecting  the 
taxes  levied  for  said  public  schools;  and  such  collecting  officer 
and  his  sureties  shall  be  liable  upon  his  official  bond  for  any 
failure  to  perform  his  duties,  upon  which  bond  suit  may  be 
brought  for  the  use  of,  said  board  and  recovery  had  for  such 
amount  as  shall  be  found  due  thereon.  All  such  sums  of 
money,  when  collected  and  paid  into  the  city  treasury,  shall 
be  set  apart  to,  and  passed  over  to,  the  common  school  fund 
subject  to  and  drawn  out  only  b}^,  the  order  of  said  board,  as 
provided  by  law  and  ordinances  of  the  said  board  then  exist- 
ing. 

Said  board  of  education  shall  have  the  power  to  .borrow 
money  on  the  credit  of  the  board  in  anticipation  of  the  revenue 
from  school  taxes  for  the  fiscal  half  vear  in  which  the  same 


104  PUBLIC   SCHOOLS  IN  CITIES   OF  THE  SECOND   CLASS. 

is  borrowed  and  pledge  said  school  taxes  for  the  payment  of 
the  principal  and  interest  of  said  loan;  provided,  that  the  in- 
terest paid  shall  in  no  case  exceed  six  per  cent,  per  annum, 
and  the  principal  shall  in  no  case  exceed  fifty  per  cent,  of  the 
anticipated  revenue. 

Said  board  of  education  shall  have  power  to  issue  school 
bonds  to  run  for  not  exceeding  forty  years  for  an  amount  not 
exceeding  one  hundred  thousand  dollars,  sufficient  to  pur- 
chase sites  and  erect  and  equip  school  houses.  Provided,  That 
said  bonds  do  not  bear  exceeding  six  per  cent,  per  annum 
interest,  payable  semi-annually,  and  shall  not  be  sold  for  less 
than  par  and  accrued  interest,  and  the  proceeds  of  said  bonds 
shall  be  used  exclusively  for  the  purposes  named  in  this  act 
and  shall  not  be  in  violation  of  the  Constitution  of  this  Com- 
monwealth. And,  provided.  That  said  bonds  shall  not  be 
issued  without  the  assent  of  two-thirds  of  the  voters  of  said 
city  voting  at  an  election  to  be  held  for  that  purpose. 

Afid,  provided,  That  wherever  the  assent  of  two-thirds  of  the 
voters  of  said  city  have  heretofore  been  obtained  at  an  election 
held  for  that  purpose  in  conformity  with  the  provisions  of  this 
act,  said  assent  is  hereby  declared  to  be  as  binding  and  legal 
and  shall  have  the  same  force  and  effect  as  if  obtained  since 
the  passage  of  this  act :  And,  provided.  Any  indebtedness  con- 
tracted in  violation  of  this  section  shall  be  void.  And,  pro- 
vided further.  That  it  shall  be  the  duty  of  the  county  officers 
entrusted  with  the  duty  of  Conducting  elections  to  hold  said 
election  when  requested  so  to  do  by  said  board  of  education 
and  the  holding  of  said  election  shall  be  after  fifteen  days' 
notice  in  the  official  paper  of  the  city,  and  the  conduct  and  re- 
turns of  said  election  shall  be  made  as  provided  in  the  general 
election  law.  And  provided.  The  board  may  pledge  the  prop- 
erty so  purchased .  and  equipped  with  the  proceeds  of  said 
bonds,  and  all  other  school  property  and  the  revenue  of  said 
board,  for  the  payment  of  the  principal  and  interest  of  said 
indebtedness.  And  provided,  That  said  board  of  education 
shall'  annually  request  the  general  council  of  said  city  to  pro- 
vide for  the  collection  of  a  sinking  fund  tax  sufficient  to  pay 
the  interest  on  said  indebtedness  at  the  time  of  contracting 
the  same  and  to  create  a  sinking  fund  for  the  payment  of  the 
principal  thereof  within  the  term  for  which  said  bonds  are  is- 
sued, and  said  general  council  shall  also  levy  and  collect  such 
other  school  taxes  as  may  be  requested  by  the  board  of  educa- 
tion within  the  limit  fixed  by  statute. 


PUBLIC  SCHOOLS  IN   CITIES   OF  THE  SECOND  CLASS.  105 

An  emergency  exists  for  the  immediate  effect  of  this  law, 
because  there  is  no  law  allowing  said  board  of  education  to 
provide  for  the  payment  of  teachers  until  the  taxes  are  col- 
lected, and  additional  school  buildings  are  needed  in  each  of 
the  cities  of  the  second  class,  therefore  this  act  shall  take  ef- 
fect upon  its  approval  by  the  Governor. 

Approved  March  20,  1900. 

§  9.  Said  board  shall  have  power  to  admit  to  said  schools 
pupils  from  beyond  the  limits  of  the  city,  and  may  collet^t 
therefrom  tuition  fees,  for  the  benelit  of  the  school  fund  of  the 
city,  and  no  children  of  persons  residing  beyond  said  limits 
shall  be  admitted  as  pupils  in  any  of  said  schools,  except  on 
payment  of  such  tuition  fees  as  said  board  may  require.  Said 
board  may  elect  or  appoint  such  employes  as  they  deem. neces- 
sary, and  shall  prescribe  and  fix  the  compensation  of  each, 
and  may  dismiss  the  same  at  pleasure. 

§  10.  Said  board  may  appoint  a  board  of  examiners,  to 
consist  of  not  less  than  two  nor  more  than  five  competent 
persons,  whose  duty  it  shall  be,  together  with  the  superin- 
tendent, to  examine  under  such  rules  and  regulations  as  may 
be  prescribed  by  the  board,  into  the  qualifications  of  all 
applicants  for  a  position  as  superintendent,  principal  or 
teacher  of  said  schools:  Provided,  That  no  person  other  than 
the  superintendent,  shall  be  a  member  of  said  board  of  examin- 
ers, who  shall  be  employed  in  or  connected  with  the  public 
schools  of  the  city.  Said  board  of  examiners  shall  receive 
such  compensation,  and  perform  such  duties  as  may  be  pre- 
scribed by  said  board. 

§  11,  The  said  board  of  education  shall  provide,  maintain 
and  support  separate  schools  wherein  all  colored  children, 
w^ho  are  bona  fide  residents  of  said  city,  between  th^  ages  of 
six  and  twenty  years,  may  be  taught  in  like  manner  as  herein 
provided  for  white  children.  Said  colored  schools  shall  be 
entitled  to  the  same  benefits,  be  governed  by  the  same  rules 
and  regulations,  and  be  subject  to  the  same  restrictions  as 
the  schools  herein  provided  for  the  white  children. 

§  12.  No  member  of  the  board  of  education,  or  officer,  or 
teacher,  or  employe  thereunder,  shall  be,  directly  or  indirectly,, 
interested  in  any  contract,  with  work  done  for  or  by,  or 
furnishing  of  supplies,  or  sale  of  property  to  or  for,  the  said 
board,  be  in  arrears  to  it  for  money  collected  or  held,  without 
a  quietus  therefor;  having  been  convicted  of  malfeasance  in 


106  PUBI  IC   SCHOOLS  IN   CITIES  OF  THE  SECOND   CLASS. 

office,  bribery  or  other  corrupt  practice  or  crime,  or  hold  any 
office,  or  employment  in  any  company  or  corporation  which 
has  been,  or  is  an  applicant  for  any  contract  with  said  board 
(stockholders  in  such  companies  or  corporations  are  not,  how- 
ever, herein  included) ;  but  they  shall  not  vote  on,  or  interfere, 
directly  or  indirectly,  with  any  matter  or  question  affecting 
such  company  or  corporation,  in  any  manner  whatever,  other 
than  common  with  the  general  public,  nor  use  his  official  posi- 
tion to  secure  the  patronage  of  the  teachers  or  employes  of 
said  board.  Any  person  violating  the  provisions  of  this  sec- 
tion shall  be  guilty  of  a  misdemeanor,  and  shall  forfeit  his 
office  or  position,  and  be  ineligible  to  be  a  member  of,  or  hold 
any  office  or  employment  under,  said  board. 

§  13.  The  board  shall  have  power  to  establish  and  main- 
tain a  normal  school  or  normal  training  class  for  the  purpose 
of  training  the  graduates  of  the  high  school  and  others  to  be 
teachers  in  the  schools  of  the  city,  and  to  this  end  it  may 
prescribe  such  rules  and  regulations  for  the  government  of 
said  normal  school  or  normal  training  class,  and  employ  a 
principal  and  other  teachers,  as  may  be  necessary  for  the 
maintenance  of  the  said  normal  school  or  normal  training 
class. 

§  14.  The  treasurer  of  the  city  shall  be  treasurer  of  said 
board  of  education,  and  as  such  shall  keep  separate  and 
distinct  from  all  other  funds  all  moneys,  bonds  and  securities 
belonging  to,  or  which  may  hereafter  be  dedicated  or  set  apart 
for,  public  schools,  and  shall  only  pay  out  or  deliver  any  of 
said  funds,  bonds  or  securities  upon  the  warrant  of  said  clerk, 
and  approved  by  the  president  of  the  board  of  education,  and 
shall  perform  such  other  duties  as  may  be  prescribed  by  said 
board. 

§  15.  Said  board  shall  have  power  to  appoint  a  clerk,  and 
prescribe  his  duties  and  term  of  office,  fix  his  compensation, 
and  pay  the  same  out  of  the  school  fund,  and  shall  require  of 
him  bond  and  security,  if  they  deem  the  same  necessary.  The 
proceedings  of  the  board  of  education,  and  copies  therefrom, 
certified  by  its  clerk,  shall  be  taken  in  the  same  manner  and 
have  the  same  force  and  effect  in  courts  and  elsewhere  as  are 
now  given  to  the  proceedings  of  the  general  council. 


PUBLIC  SCHOOLS  IN   CITIES  OF  THE  SECOND   CLASS.  107 

§  16.  Said  board  of  education  shall  have  exclusive  control 
of  all  school  funds  of  the  city,  from  whatever  source  the  same 
may  be  derived,  including  the  pro  rata  of  the  city  from  the 
common  school  fund  from  the  State  of  Kentucky.  They  shall 
have  the  right  to  receive  all  fines,  forfeitures  and  taxes  that 
may  inure  to  the  benefit  of  the  public  schools  of  the  city.  They 
shall  have  power  to  expend  all  moneys  in  the  interest  of  the 
public  schools  in  the  city,  and  the  warrant  of  the  city  clerk, 
and  approved  by  the  president  of  the  board,  shall  be  honored 
by  the  treasurer  to  the  amount  of  the  school  fund  in  the 
treasury. 

§  17.  All  indebtedness,  bonded  or  otherwise,  and  all  lia- 
bilities and  contracts  of  the  school  board  existing  at  the  time 
this  takes  effect,  and  all  taxes,  funds,  sinking  funds  or  other 
resources  that  have  been  pledged  or  set  apart  for  the  payment 
of  the  principal  of  the  interest  thereof,  shall  continue  unim- 
paired, and  remain  of  the  same  force  and  effect  as  though  the 
same  had  been  authorized  and  contracted  by  the  express  pro- 
vision of  this  law,  and  said  board  may  refund  any  debt  by  the 
issuance  of  bonds. 

§  18.  Ko  money  shall  be  drawn  from  the  fund  unless  the 
same  has  been  appropriated  by  order  of  the  board  of  educa- 
tion, and  no  appropriation  of  money  shall  be  made  to  be  paid 
out  of  said  school  fund,  unless  the  money  shall  actually  be  in 
the  treasury  to  meet  the  draft;  and  if  any  appropriation 
shall  be  made,  and  there  shall  be  no  money  in  the  treasury  at 
the  time  of  the  making  of  said  appropriation  with  which  to 
pay  the  same,  the  members  or  the  board  of  education  voting 
therefor  shall  be  individually  liable  to  any  party  injured  for 
the  amount  of  damages  sustained  in  consequence  thereof. 

§  19.  At  the  first  general  election  under  this  act  there 
shall  be  elected,  as  members  of  said  board  of  education,  two 
persons,  to  be  elected  from  each  ward  of  the  city,  but  elected 
by  the  qualified  voters  at  large  of  the  city,  subject  to  modifi- 
cations as  to  the  qualifications  of  voters  herein  prescribed. 
The  one  person  from  each  ward  receiving  the  highest  number 
of  votes  for  two  years,  and  the  one  from  each  ward  receiving 
the  next  highest  number  of  votes  for  one  year,  and  in  case  two 
receive  the  same  number  of  votes,  the  time  shall  be  decided  by 
lot.  And  on  the  same  day  of  each  year  thereafter  there  shall, 
in  like  manner,  be  elected  one  person  from  each  ward  by  the 


108  PUBLIC  SCHOOLS  IN   CITIES  OF  THE  SECOND  CLASS. 

voters  at  large  as  a  member  of  said  board  for  two  years.  All 
persons  elected  under  this  section  shall  assume  the  duties  of 
his  office  on  the  first  Monday  in  January  following  said  elec- 
tion. Trustees  in  office,  whose  time  has  not  expired  when  this 
act  takes  effect,  shall  remain  in  office  until  their  successors  are 
elected  and  qualified. 

§  20.  Said  board  of  education  shall  elect  from  their  own 
number  a  president  for  the  term  of  two  years,  and  may  pre- 
scribe who  shall  preside  in  his  absence,  and  make  all  neces- 
sary rules  prescribing  the  duties  of  the  presiding  officer,  and 
the  government  of  themselves. 

§  21.  All  votes  at  elections  of  members  of  said  board  shall 
be  by  secret  ballot,  and  after  such  registration,  and  subject 
to  such  rules  and  regulations  as  to  manner  of  registration  as 
may  be  prescribed  by  law  for  election  of  State  officers. 

§  22.  All  persons,  possessing  the  qualifications  required 
by  this  act  to  make  them  eligible  to  election  as  members  of 
the  board  of  councilmen,  shall  be  eligible  to  membership  in 
the  board  of  education,  and  all  persons  possessing  qualifica- 
tions required  by  this  act,  or  which  may  be  prescribed  by  or- 
dinance, in  order  to  vote  at  elections  for  city  officers,  are  here- 
by declared  qualified  to  vote  at  all  elections  for  members  of 
the  board  of  education,  and  women,  who  possess  such  other 
qualifications  required  for  males,  are  hereby  declared  to  be 
eligible  as  members  of  said  board  of  education,  and  qualified 
to  vote  at  any  and  all  elections  for  members  of  said  board. 

.§  23.  The  officers  required  to  hold  registration  for  voters 
in  cities  shall  provide  for  separate  registration  of  men  and 
women,  and  cause  to  be  opened  separate  polls,  at  which  all 
persons  desiring  to  vote  for  members  of  the  school  board  shall 
be  permitted  to  vote;  otherwise,  both  the  registration  and 
election  shall  be  held  according  to  the  provisions  of  the  gen- 
eral election  law. 

§  24.  In  any  city  of  the  second  class,  where  members  of 
the  school  board  were  elected  at  the  general  election,  1893, 
such  members  so  elected  shall  hold  their  respective  office  until 
the  regular  election  in  1895.  In  any  city,  where  no  such  elec- 
tion was  held,  the  mayor  thereof  shall  appoint  two  members  of 
said  board  from  each  ward  in  the  city,  subject  to  the  ap- 


PUBLIC  SCHOOLS  IN   CITIES  OF  THE  THIRD   CLASS.  109 

proval  of  the  board  of  aldermen,  and  the  board  so  appointed 
shall  hold  their  office,  exercise  the  powers,  and  be  subject  to 
the  regulations  of  this  act,  until  the  regular  election  in  1895. 

Approved  March  19,  1894. 


III.     PUBLIC  SCHOOLS  IN  CITIES  OF  THE  THIRD  CLASS. 

(The  sections  are  numbered  as  in  the  charter  of  1893.  The 
amendatory  act  of  March  19,  1894,  struck  out  from  each  of 
sections  226  and  227  the  words,  "by  and  with  the  concurrence 
of  the  common  council,"  and  the  sections  are  so  printed  here.) 

§  223.  There  shall  be  maintained  a  system  of  public 
schools,  at  which  all  the  children  residing  in  the  city  between 
the  ages  of  six  and  twenty  years  may  be  taught  at  the  public 
expense.  Said  school  shall  be  under  the  control  of  a  board  to 
be  styled  "The  Board  of  Education,"  consisting  of  two  trust- 
ees from  each  ward  in  the  city,  to  be  elected  at  the  general 
November  election  in  1893,  by  the  qualified  voters  of  the  city 
at  large.  The  trustees  so  elected  shall  hold  their  offices  one- 
half  for  two  years  and  one-half  for  four  years,  as  shall  be  de- 
termined by  lot  at  the  first  regular  meeting  after  the  election. 
And  at  the  general  election,  every  two  years  thereafter,  there 
shall  be  elected  by  the  qualified  voters  of  the  city  at  large  one 
trustee  from  each  ward  in  the  city  in  which  the  term  of  his 
predecessor  in  office  will  then  expire.  Said  trustees  shall 
possess  the  same  qualifications  as  are  required  for  council- 
men.  Said  board  of  education  shall  continue,  and  it  is  hereby 
declared,  a  body-politic  and  corporate,  under  the  name  and 
style  of  board  of  education,  with  perpetual  succession,  and  by 
that  name  may  contract  and  be  contracted  with,  sue  and  be 
sued,  have  and  use  a  corporate  seal,  the  same  to  renew  or  alter 
at  pleasure;  may  purchase,  receive,  hold,  lease,  sell  and  dis- 
pose of  real  and  personal  estate  for  public  school  pur- 
poses. The  control  and  management  of  the  public  schools  of 
the  city,  and  the  property  and  funds  thereunto  belonging, 
shall  be,  and  is  hereby,  vested  in  said  board,  subject  to  the  pro- 
visions of  this  law.     It  shall  have  power  to  make  by-laws  and 


110  PUBLIC  SCHOOLS  IN   CITIES   OF  THE  THIRD  CLASS. 

rules,  not  in  conflict  herewith,  necessary  for  the  discharge  of 
its"  duties  and  the  government  of  its  proceedings.  It  shall 
meet  once  in  each  month,  or  oftener  if  necessar^^,  and  a  major- 
ity elect  of  said  board  shall  constitute  a  quorum  for  the  trans 
action  of  business  and  for  the  appropriation  of  money  or  the 
execution  of  a  contract,  the  concurrence  of  two-thirds  of  the 
members  elect  of  said  board  shall  be  indispensable,  and  the 
yeas  and  nays  shall  be  entered  of  record.  The  meetings  of 
said  board  shall  be  held  in  some  public  place,  and  a  correct 
record  of  its  proceedings  shall  be  kept  in  a  book  provided  for 
that  purpose,  which  shall  be  a  public  record. 

§  224.  Said  board  of  education  shall  determine  the  quali- 
fication of  its  members.  It  shall  have  the  power  to  fill  until 
the  next  general  election  all  vacancies  in  said  board  occasion- 
ed by  death,  removal  or  other  cause. 

§  225.  All  property  now  used  for  public  school  purposes 
in  the  city,  or  which  may  at  any  time  be  owned  by  the  board 
of  education,  and  all  the  funds  or  means  that  are  now  or  may 
hereafter  come  under  the  control  of  the  same,  are  hereby  for- 
ever dedicated  to  the  use  of  public  schools  of  the  city,  and  the 
title  to  all  property,  real  and  personal,  in  the  city  known  and 
used  as  public  school  property,  is  hereby  vested  in  said  cor- 
poration. 

§  226.  Said  board  of  education  shall  have  power  to  elect 
or  appoint  such  officers  as  may  be  necessary  for  its  own 
government,  and  to  require  covenant  with  surety  from  any  or 
all  officers  for  the  faithful  discharge  of  their  duties;  to  make 
by-laws  not  in  conflict  with  this  charter,  the  Constitution  or 
laws  of  this  State,  for  the  carrying  out  of  the  duties  of  their 
office,  and  for  the  government  of  its  own  officers,  schools, 
teachers,  pupils  and  employes;  to  determine  its  own  rules  of 
proceedings,  and  to  appoint  superintendents,  teachers  and 
other  officers  and  employes,  and  regulate  and  fix  their  terms, 
duties  and  compensation,  and  suspend  or  remove  them  or  any 
of  them  for  cause.  Said  board  may  purchase,  build  or  rent 
any  ground,  building  or  buildings,  necessary  or  convenient  for 
the  public  school  purposes,  and  may  make  contract  to  that 
epd;  and  any  property  so  leased,  purchased  or  otherwise  oc- 
cupied, may  be  reserved  by  terms,  deed  or  lease  to  the  public 
schools  of  the  city,  and  if  so  reserved,  shall  not  be  liable  for 
any  debt  or  debts  of  the  city  not  incurred  for  public  school 


PUBLIC  SCHOOLS  L\   CITIES   OF  THE  THIRD  CLASS.  Ill 

purposes.     Said  board  may  also  receive  and  hold,  for  public 
school  purposes,  any  gift  or  devise. 

§  227.  That  said  board  of  education  shall  have  the  power, 
two-thirds  of  the  trustees  in  office  concurring  therein,  to  be 
evidenced  upon  the  call  of  the  yeas  and  nays,  and  recorded  up- 
on the  journal  of  its  proceedings,  to  sell  and  convey  such  of 
said  school  property  for  the  purpose  of  reinvesting  all  the  net 
proceeds  of  the  same  in  the  purchase  of  other  lots,  and  build- 
ing thereon  other  school  buildings.  And  said  board  of  educa- 
tion shall  have  no  power  to  divert  or  apply  said  fund,  or  any 
part  of  it,  to  any  other  purpose  whatsoever  than  for  the  pur- 
chase of  grounds  and  the  building  thereon  school  buildings 
for  public  school  purposes,  and  if  it  do  so,  the  same  shall  be 
malfeasance  in  office. 

§  228.  Said  board  of  education  shall  have  the  power  to 
select  text-books  for  use  in  said  school,  and  prescribe  the 
course  of  study,  and  it  shall  also  have  power  to  hold  examina- 
tions, determine  the  qualifications  of  its  superintendent,  prin- 
cipals, teachers,  and  issue  certificates  to  same.  It  may  estab- 
lish high  schools  and  fix  the  grade  of  public  schools,  and  pre- 
scribe the  rules  by  which  pupils  may  pass  from  one  grade  to 
another,  and  from  the  graded  school  to  the  high  school.  It 
may  also  establish  and  maintain  kindergartens  and  manual 
training  schools  in  connection  with  the  public  school. 

§  229.  Said  board  shall,  at  the  end  of  each  scholastic  year, 
prepare  and  cause  to  be  published  a  printed  statement  show- 
ing the  number  of  pupils  in  each  school,  with  the  general  con- 
dition and  educational  progress  made  therein,  the  amount, 
character  and  condition  of  all  funds  and  other  property  be- 
longing to  said  schools,  together  with  such  information  as  may 
be  proper  or  necessary  for  the  benefit  of  said  schools  and  the 
general  public. 

§  230.  Said  board  shall,  within  thirty  days  prior  to  the 
time  prescribed  for  the  levy  to  be  made  in  the  charter  of  cities 
of  the  third  class,  approximately  ascertain  the  amount  of 
money  necessary  to  be  used  to  defray  the  expenses  of  main- 
taining the  schools,  improving  or  constructing  buildings,  etc., 
thereof,  and  any  liquidation  of  the  liabilities  during  the  cur- 
rent fiscal  year,  and  report  the  same,  together  with  the  estima- 
ted amount  to  be  received  from  the  common  school  fund  of  the 


112  PUBLIC   SCHOOLS  IN   CITIES   OF  THE  THIRD   CLASS. 

State,  interest  on  bonds,  endowments,  etc.,  to  the  city  auditor 
or  clerk,  who  shall  thereupon  report  the  same  to  the  general 
council,  and  said  general  council  shall  make  the  necessary 
levy  and  collect  the  tax  to  provide  suitable  school  buildings, 
and  to  defray  the  general  expenses  necessary  for  school  pur- 
poses: Provided  J  That  the  levy  for  any  one  year  shall  not  ex- 
ceed fifty  cents  on  each  one  hundred  dollars  of  value  of  taxa- 
ble property  in  the  city  as  returned  by  the  board  of  equaliza- 
tion. Said  tax  shall  be  paid  to  the  board  or  authorized  agent 
of  same  as  fast  as  collected. 

§  231.  Said  board  of  education  shall  provide  and  main- 
tain, out  of  the  funds  levied  or  otherwise  provided  for  the  pur- 
pose, suitable  buildings,  teachers,  and  other  employes,  suffi- 
cient for  the  education  of  all  children  of  the  city  between  six 
and  twenty  years  of  age,  and  shall  provide  separate  buildings 
and  schools  for  the  education  of  white  and  black  pupils;  and 
'  no  white  child  shall  be  allowed  to  attend  any  colored  school, 
nor  shall  any  colored  child  be  allowed  to  attend  any  white 
school. 

§  232.  The  trustees  shall,  before  entering  upon  the  duties 
of  their  office,  take  the  oath,  or  make  affirmation,  as  pre- 
scribed by  law. 

§  233.  No  member  of  the  board  of  education  shall  be  or 
become,  directly  or  indirectly,  interested  in  any  contract, 
agreement  or  trade,  touching  the  building  of  schoolhouses, 
repairing  of  school  property,  selection  of  text-books  or  other 
thing,  or  use  his  official  position  to  secure  the  patronage  of  the 
teachers  or  employes  of  the  schools.  No  member  of  the  board 
of  education  shall  receive  any  salary  for  his  services  as  such. 

§  234.  Said  board  of  education  shall  elect  its  own  treas- 
urer and  fix  bond  of  same,  who  shall  keep  a  distinct  account 
of  all  moneys  belonging  unto,  or  which  may  hereafter  be  dedi- 
cated to,  or  set  apart  for,  public  schools,  and  shall  only  pay 
out  or  deliver  any  of  said  funds,  upon  the  warrant  of  the 
board  of  education,  countersigned  by  the  secretary,  and  ap- 
proved by  the  president  of  the  board  of  education,  and  shall 
perform  such  other  duties  as  may  be  prescribed  by  said  board. 

§  235.  Said  board  of  education  shall  have  exclusive  con- 
trol of  all  school  funds  of  the  city,  from  whatever  source  the 


PUBLIC  SCHOOLS  IN   CITIES  OF  THE  THIRD  CLASS.  113 

same  may  be  derived,  including  the  pro  rata  of  the  city  from 
The  common  school  fund  of  the  {State.  It  shall  have  the  right 
to  receive  all  fines,  forfeitures  and  taxes  that  may  inure  to  the 
benefit  of  the  public  schools  of  the  city.  It  shall  have  power 
to  expend  all  moneys  in  the  interest  of  public  schools  of  the 
city,  and  the  warrants  of  the  board  of  education,  countersign- 
ed by  the  secretary  and  approved  by  the  president  of  the 
board,  shall  be  honored  by  the  treasurer  to  the  amount  of  the 
school  funds  in  his  custody. 

§  236.  All  indebtedness,  bonded  or  otherwise,  and  all 
liabilities  and  contracts  of  the  school  board,  existing  at  the 
time  this  law  takes  effect,  and  all  taxes,  funds,  sinking  funds, 
or  other  resources  that  have  been  pledged  or  set  apart  for  the 
payment  of  the  principal  and  interest  thereof,  shall  continue 
unimpaired  and  remain  of  the  same  force  and  effect  as  though 
the  same  had  been  authorized  and  contracted  by  the  express 
provision  of  this  law. 

§  237.  No  money  shall  be  drawn  from  the  funds,  unless 
the  same  shall  have  been  appropriated  by  order  of  the  board 
of  education,  and  no  appropriation  of  money  shall  be  made  to 
be  paid  out  of  said  school  funds,  unless  the  money  shall  act- 
ually be  in  the  treasury  to  meet  the  draft. 

§  238.  Said  board  of  education  shall  elect  from  its  own 
number  a  president,  for  the  term  of  two  years,  and  may  pre- 
scribe who  shall  preside  in  his  absence,  and  make  all  neces- 
sary rules,  prescribing  the  duties  of  the  presiding  officer  and 
the  government  of  itself;  and  said  board  shall  also  elect  a 
secretary  at  a  salary  not  exceeding  one  hundred  dollars  per 
annum,  whose  duty  it  shall  be  to  keep  a  record  of  the  proceed- 
ings of  all  regular  and  special  meetings,  countersign  all  w^ar- 
rants  and  contracts,  and  whose  term  of  office  shall  be  two 
years. 

§  239.  Said  board  of  education  shall  have  the  power  and 
right  to  establish  and  maintain  a  public  school  library,  out  of 
any  funds  coming  into  its  hands,  except  that  received  by  tax- 
ation, or  from  the  State  funds,  and  also  to  purchase  text-books 
for  indigent  children  of  the  city,  and  to  otherwise  expend  such 
moneys  in  the  interest  of  the  public  schools.  Said  board  of 
education  shall  have  the  power  and  right  to  make  rules  and 
regulations  governing  said  sx^hool  library. 

[8] 


114  PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FOURTH  CLASS. 

§  240.  Said  board  shall  have  power  to  admit  to  said 
school  pupils  from  beyond  the  limits  of  the  city,  and  may  col- 
lect therefrom  tuition  fees  for  the  benefit  of  the  schools  of  the 
city,  making  deduction  of  taxes  for  school  purposes  on  prop- 
erty in  said  city  paid  by  parents  of  said  children;  and  no  chil- 
dren of  persons  residing  beyond  said  limits  shall  be  admitted 
as  pupils  of  any  of  said  schools  except  on  payment  of  such  tui- 
tion fees  as  said  board  may  require. 

§  241.  No  section  of  this  chapter  shall  be  so  construed  as 
to  repeal  in  anywise  any  special  act  or  amendment  thereto 
heretofore  passed  for  any  city  of  the  third  class  for  the  estab- 
lishment, maintaining  and  carrying  on  a  high  school. 

§  242.  For  the  reason  that  cities  of  the  third  class,  in  the 
operation  of  their  government,  need  at  once  some  of  the  pro- 
visions of  this  act,  and  owing  to  the  manner  of  elections,  an 
emergency  is  declared  to  exist,  and  this  act  shall  take  effect 
from  its  approval  by  the  Governor. 

Act  approved  June  14,  1893. 


IV.     PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FOURTH  CLASS. 

i 

(The  sections  are  numbered  as  in  the  charter  of  1893.  Sec- 
tion 107  is  given  as  amended  by  the  act  of  March  18,  1894. 
This  act  had  an  emergency  clause.) 

§  89.  There  may  be  maintained  a  system  of  public  schools, 
at  which  all  the  children  residing  in  the  city  between  the  ages 
of  six  and  twenty  years  may  be  taught  at  the  public  expense. 
Said  school  shall  be  under  the  control  of  a  board,  to  be  styled 
"The  Board  of  Education,^'  consisting  of  two  trustees  from 
each  ward  in  the  city,  to  be  elected  at  the  general  ^November 
election  in  the  year  one  thousand  eight  hundred  and  ninety- 
three,  by  the  qualified  voters  of  the  city  at  large.  They  shall 
meet  and  qualify  on  the  first  Monday  in  January  after  their 
election.  The  trustees  so  elected  shall  hold  their  offices  one- 
half  for  two  years  and  one-half  for  four  years,  as  shall  be  de- 


PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FOURTH   CLASS.  115 

termined  by  lot,  at  the  first  regular  meeting  after  the  election, 
And  at  the  general  election,  ever^^  two  years  thereafter,  there 
shall  be  elected  by  the  qualified  voters  of  the  city  at  large,  one 
trustee  from  each  ward  in  the  city  in  which  the  term  of  his 
predecessor  in  office  will  then  expire.  Said  trustees  shall 
possess  the  same  qualifications  as  are  required  for  a  council- 
man. Said  board  of  education  shall  continue,  and  it  is  hereby 
declared,  a  body  politic  corporate,  under  the  name  and  st^vle 
of  board  of  education,  with  perpetual  succession,  and  by  that 
name  may  contract  and  be  contracted  with;  sue  and  be  sued; 
have  and  use  a  corporate  seal,  the  same  to  renew  or  alter  at 
pleasure;  may  purchase,  receive,  hold,  lease,  sell  and  dispose 
of  real  and  personal  estate  for  i)ublic  school  purposes.  The 
control  and  management  of  the  public  schools  of  the  city,  and 
the  property  and  funds  hereunto  belonging,  shall  be,  and  is 
hereby,  vested  in  said  board,  subject  to  the  provisions  of  this 
law.  It  shall  have  power  to  make  by-laws  and  rules  not  in 
conflict  herewith,  necessary  for  the  discharge  of  its  duties  and 
the  government  of  its  proceedings.  It  shall  meet  once  in  each 
month,  or  oftener  if  necessary,  and  a  majority-elect  of  said 
board  shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness, and  for  the  appropriation  of  money  or  the  execution  of 
a  contract,  the  concurrence  of  two-thirds  of  the  members  elect 
of  said  board  shall  be  indispensable,  and  the  yeas  and  nays 
shall  be  entered  of  record.  The  meetings  of  said  board  shall 
be  held  in  some  public  place,  and  a  correct  record  of  its  pro- 
ceedings shall  be  kept  in  a  book  provided  for  that  purpose, 
which  shall  be  a  public  record. 

§  90.  Said  board  of  education  shall  determine  the  quali- 
fication of  its  members.  It  shall  have  the  power  to  fill,  until 
the  next  general  election,  all  vacancies  in  said  board  occa- 
sioned by  death,  removal  or  other  cause. 

§  91.  All  property  now  used  for  public  school  puri)oses 
in  the  city,  or  which  may  at  any  time  be  owned  by  the  board 
of  education,  and  all  the  funds  or  means  that  are  now  or  may 
hereafter  come  under  the  control  of  the  same,  are  hereby  for- 
ever dedicated  to  the  use  of  public  schools  of  the  city,  and  the 
title  to  all  property,  real  and  personal,  in  the  city,  known  and 
used  as  public  school  property,  is' hereby  vested  in  said  corpor- 
ation. 


116         PUBLIC  SCHOOLS  IN  CITIES  OF  THE  FOURTH  CLASS. 

§  92.  Said  board  of  education  shall  have  power  to  elect  or 
appoint  such  officers  as  may  be  necessary  for  its  own  govern- 
ment, and  to  require  covenant  with  surety  from  any  or  all 
officers  for  the  faithful  discharge  of  their  duties;  to  make  by- 
laws not  in  conflict  with  this  charter,  the  Constitution  or  laws 
of  this  State,  for  the  carrying  out  the  duties  of  their  office,  and 
for  the  government  of  its  own  officers,  schools,  teachers,  pupils 
and  employes;  to  determine  its  own  rules  of  proceedings,  and 
to  appoint  superintendents,  teachers  and  other  officers  and 
employes,  and  regulate  and  fix  their  terms,  duties  and  com- 
pensation, and  suspend  or  remove  them,  or  any  of  them,  for 
cause.  Said  board,  by  and  with  the  concurrence  of  the  city 
council,  may  purchase,  build  or  rent  any  ground,  building  or 
buildings,  necessary  or  convenient  for  the  public  school  pur- 
poses, and  may  make  contract  to  that  end ;  and  any  property 
so  leased,  purchased  or  otherwise  occupied,  may  be  reserved 
by  terms,  dcQd  or  lease  to  the  public  schools  of  the  city  and  if 
so  reserved  shall  not  be  liable  for  any  debt  or  debts  of  the  city 
not  incurred  for  public  school  purposes.  Said  board  may  also 
receive  and  hold,  for  public  school  purposes,  any  gift  or  devise. 

§  93.  That  said  board  of  education  shall  have  the  power, 
two-thirds  of  the  trustees  in  office  concurring  therein,  to  be 
evidenced  upon  the  call  of  the  yeas  and  nays,  and  recorded 
upon  the  journal  of  its  proceedings,  by  and  with  the  concur- 
rence of  the  city  council,  to  sell  and  convey  such  of  said  school 
property  for  the  purpose  of  reinvesting  all  the  net  proceeds 
of  the  same  in  the  purchase  of  othei*  lots  and  building  thereon 
other  school  buildings.  And  said  board  of  education  shall 
have  no  power  to  divert  or  apply  said  fund  or  any  part  of  it  to 
any  other  purpose  whatsoever  than  for  the  purchase  of 
grounds  and  the  building  thereon  school  buildings  for  public 
school  purposes,  and  if  it  do  so  the  same  shall  be  malfeasance 
in  office. 

§  94.  Said  board  of  education  shall  have  the  power  to  se- 
lect text-books  for  use  in  said  schools,  and  prescribe  the  course 
of  study,  and  it  shall  also  have  power  to  hold  examinations, 
determine  the  qualifications  of  its  superintendent,  principals, 
teachers,  and  issue  certificates  of  same.  It  may  establish 
high  schools  and  fix  the  grade  of  public  schools,  and  prescribe 
the  rules  by  which  pupils  may  pass  from  one  grade  to  another, 
and  from  the  graded  school  to  the  high  sqhool.     It  may  also 


PUBLIC  SCHOOLS  IN  CITIES  (51^  THE  FOUil^lif  cIaSS.  117 

establish  and  maintain  kindergartensaStr"manual  training 
schools  in  connection  with  the  public  school. 

§  95.  Said  board  shall,  at  the  end^of  each  scholastic  year, 
prepare,  and  cause  to  be  published,  a  printed  statement,  show- 
ing the  number  of  pupils  in  each  school,  with  the  general  and 
educational  progress  made  therein,  the  amount,  character 
and  condition  of  all  funds  and  other  property  belonging  to 
said  schools,  together  with  such  information  as  may  be  proper 
or  necessary  for  the  benefit  of  said  schools  and  the  general 
public. 

§  96.  Said  board  shall,  within  thirty  days  prior  to  the 
time  prescribed  for  the  levy  to  be  made  in  the  charter  of  cities 
of  the  fourth  class,  approximately  ascertain  the  amount  of 
money  necessary  to  be  used  to  defray  the  expenses  of  main- 
taining the  schools,  improving  or  constructing  buildings,  et 
cetera,  thereof  and  any  liquidation  of  the  liabilities  during 
the  current  fiscal  year,  and  report  the  same,  together  with 
the  estimated  amount  to  be  received  from  the  common  school 
fund  of  the  State,  interest  on  bonds,  endowments,  et  cetera, 
to  the  city  auditor  or  clerk,  who  shall  thereupon  report  the 
^ame  to  the  city  council,  and  the  said  city  council  shall  make 
the  necessary  levy,  and  collect  the  tax  to  provide  suitable 
school  buildings,  and  to  defray  the  general  expenses  necessary 
for  school  purposes :  Providcdy  That  the  levy  for  any  one  year 
shall  not  exceed  fifty  cents  on  each  one  hundred  dollars  of 
value  of  taxable  property  in  the  city  as  returned  by  the  board 
of  equalization.  Said  tax  shall  be  paid  to  the  board  or  au- 
thorized agent  of  same  as  fast  as  collected. 

§  97.  Said  board  of  education  shall  provide  and  maintain, 
out  of  the  funds  levied  or  otherwise  provided  for  the  purpose, 
suitable  buildings,  teachers,  and  other  employes,  sufficient 
for  the  education  of  all  children  of  the  city  between  six  and 
twenty  years  of  age,  and  shall  provide  separate  buildings  and 
schools  for  the  education  of  white  and  black  pupils;  and  no 
white  child  shall  be  allowed  to  attend  any  colored  school,  nor 
shall  any  colored  child  be  allowed  to  attend  any  white  schooj. 

§  98.  The  trustees  shall,  before  entering  upon  the  duties 
of  their  office,  take  oath,  or  make  affirmation,  as  prescribed 
by  law. 


118         PUBLIC   SCHOOLS  IN   CITIES  OF  THE  FOURTH  CLASS. 

§  99.  No  member  of  the  board  of  education  shall  be  or  be- 
come, directly  or  indirectly,  interested  in  any  contract,  agree- 
ment or  trade,  touching  the  building  of  schoolhouses,  repair- 
ing of  school  property,  or  use  his  official  position  to  secure  the 
patronage  of  the  teachers  or  employes  of  the  schools.  No 
member  of  tl^e  board  of  education  shall  receive  any  salary  for 
his  services  as  such. 

§  100.  Said  Board  of  education  shall  elect  its  own  treas- 
urer, and  fix  bond  of  same,  who  shall  keep  a  distinct  account 
of  all  moneys  belonging  unto,  or  which  may  hereafter  be  dedi- 
cated to,  or  set  apart  for,  public  schools,  and  shall  onh^  pay 
out  or  deliver  any  of  said  funds  upon  the  warrant  of  the  board 
of  education,  countersigned  by  the  secretary,  and  approved  by 
the  president  of  the  board  of  education,  and  shall  perform 
such  other  duties  as  may  be  prescribed  by  said  board. 

§  101.  Said  board  of  education  shall  have  exclusive  con- 
trol of  all  school  funds  of  the  city,  from  whatever  source  the 
same  may  be  derived,  including  the  pro  rata  of  the  city  from 
the  common  school  fund  of  the  State.  It  shall  have  the  right 
to  receive  all  fines,  forfeitures  and  taxes  that  may  inure  to  the 
benefit  of  the  public  schools  of  the  city.  It  shall  have  powder 
to  expend  all  moneys  in  the  interest  of  the  public  schools  of 
the  city,  and  the  warrants  of  the  board  of  education,  counter- 
signed by  the  secretary  and  approved  by  the  president  of  th^ 
board,  shall  be  honored  by  the  treasurer  to  the  amount  of  the 
school  funds  in  his  custody. 

§  102.  All  indebtedness,  bonded  or  otherwise,  and  all  lia- 
bilities and  contracts  of  the  school  board,  existing  at  the  time 
this  law  takes  effect,  and  all  taxes,  funds,  sinking  funds  or 
other  resources  that  have  been  pledged  or  set  apart  for  the 
payment  or  the  principal  and  interest  thereof,  shall  continue 
unimpaired,  and  remain  of  the  same  force  and  effect  as  though 
the  same  had  been  authorized  and  contracted  by  the  express 
provisions  of  this  law. 

§  103.  No  money  shall  be  drawn  from  the  funds,  unless 
same  shall  have  been  appropriated  by  order  of  the  board  of 
education,  and  no  appropriation  of  money  shall  be  made  to  the 
paid  out  of  said  school  funds,  unless  the  money  shall  actually 
be  in  the  treasury  to  meet  the  draft. 


PUBLIC  SCHOOLS  IN   CITIES  OF  THE  FOURTH   CLASS.  119 

§  104.  Said  board  of  education  shall  elect  from  its  own 
number  a  president,  for  the  term  of  two  years,  and  may  pre- 
scribe who  shall  preside  in  his  absence,  and  make  all  neces- 
sary rules,  prescribing  the  duties  of  the  presiding  officer  and 
the  government  of  itself;  and  said  board  shall  also  elect  a  sec- 
retary, at  a  salary  not  exceeding  one  hundred  dollars  per  an- 
num, whose  duty  it  shall  be  to  keep  a  record  of  the  proceed- 
ings of  regular  and  special  meetings,  countersign  all  war- 
rants and  contracts,  and  whose  term  of  office  shall  be  two 
years. 

§  105.  Said  board  of  education  shall  have  the  iM)wer  and 
right  to  establish  and  maintain  a  public  school  library,  out  of 
any  funds  coming  into  its  hands,  except  that  received  by  taxa- 
tion, or  from  the  State  funds,  and  also  to  purchase  text-books 
for  indigent  children  of  the  city,  and  to  otherwise  expend  such 
moneys  in  the  interest  of  public  schools.  Said  board  of  edu- 
cation shall  have  the  power  and  right  to  make  rules  and  reg- 
ulations governing  said  school  library. 

§  106.  Said  board  shall  have  power  to  admit  to  said  school 
pupils  from  beyond  the  limits  of  the  city,  and  may  collect 
therefrom  tuition  fees  for  the  benefit  of  the  schools  of  the  city, 
making  deduction  of  taxes  for  school  purposes  on  property 
in  said  city  paid  by  parents  of  said  children;  and  no  children 
of  persons  residing  beyond  said  limits  shall  be  admitted  as 
pupils  in  any  of  said  schools,  except  on  payment  of  such  tui- 
tion fees  as  said  board  may  require. 

§  107.  Any  city  of  the  fourth  class,  in  which  said  system 
of  public  schools  shall  be  established  and  maintained,  shall 
constitute  one  common  school  district,  and  the  Superintend- 
ent of  Public  Instruction  shall  pay  every  year,  out  of  the  com- 
mon school  fund  of  the  State  to  the  white  board  of  education, 
the  same  amount  per  capita,  for  each  white  child  of  pupil  age 
in  said  district,  and  to  the  colored  board  of  education  the  same 
amount  per  capita,  for  each  colored  child  of  pupil  age  in  said 
district,  as  he  shall  pay  to  each  child  of  pupil  age  in  other 
school  districts  in  the  State.  Whenever  the  board  of  council 
of  any  city  of  this  class  shall  determine,  by  ordinance,  to  es- 
tablish and  maintain  a  system  of  public  schools  therein,  under 
the  provisions  of  the  act  mentioned  in  the  title  of  this  act,  or 
in  case  there  was  a  failure  at  the  last  election  provided  for 'in 
said  act  to  elect  a  board  of  education  in  any  city  of  the  fourth 


120      PROHIBITING  OFFICERS  BECOMING  INTERESTED  IN  CONTRACTS. 

class,  the  board  of  council  shall  have  the  power  and  authority 
to  appoint  trustees  for  such  school  to  serve  until  the  election 
and  qualification  of  trustees  as  provided  in  section  eighty-nine 
of  said  act,  as  amended  herein. 

Act  approved  June  28,  1893. 

tNOTE^Cities  of  the  Fifth  and  SiiDth  Classes  are  provided  for  in  the  Gen- 
eral School  Law.    Acts  of  Assembly,  1893,  Chapter  260.1 


V.       PROVISION  PROHIBITING  SCHOOL  OFFICERS  BECOMING 

INTERESTED  IN  CONTRACTS  IN  BUILDING 

SCHOOL  HOUSES. 

An  act  to  regulate  the  building  of  schoolhouses  in  this 
Commonwealth : 

Be  it  enacted  hy  the  General  Assembly  of  the  Gommonwealth: 

§  1.  That  no  county  superintendent,  board  of  education,  or 
member  thereof,  or  trustee  of  any  sub-district,  shall  directly 
or  indirectly,  become  interested  in  any  contract  for  building 
or  repairing  schoolhouses  in  his  or  their  district;  and  any 
county  superintendent,  member  of  such  board,  or  any  trustee 
violating  this  section,  shall  be  guilty  of  a  misdemeanor,  and 
fined  not  less  than  one  hundred  dollars  nor  more  than  one 
thousand  dollars. 

§  2.  That  no  schoolhouse  shall  be  erected  in  any  sub-dis- 
trict, or  county  in  the  commonwealth  unless  the  plan  thereof 
shall  have  been  submitted  to  the  county  superintendent,  and 
approved  by  him,  and  it  is  hereby  made  his  duty  to  acquaint 
himself  with  the  principles  of  schoolhouse  architecture,  and 
in  all  his  plans  for  such  structures,  to  have  due  regard  to 
economy,  convenience,  health  and  durability  of  structure. 

Approved  March  11,  1898. 


A  TAX  TO  REIMBURSE  TRUSTEES.  121 


VI.     A  TAX  TO  REIMBUBSE  TRUSTEES. 

AK  ACT  to  provide  for  the  levy  and  collection  of  a  tax  in  certain  common 
school  districts  to  pay  off  indebtedness  incurred  by  the  trustees  of  such 
school  districts  in  erecting  and  furnishing  sichoolhouses. 

Whereas,  The  trustees  of  some  of  the  common  school  dis- 
tricts in  this  State  have  borrowed  money,  and  have  expended 
the  same  in  erecting  and  furnishing  schoolhouses  in  their  re- 
spective districts;  and  whereas,  the  present  rate  of  taxation 
authorized  by  law  is  wholly  insufficient  to  pay  off  and  dis- 
charge such  indebtedness  so  incurred  within  a  reasonable 
time;  now,  therefore, 

Be  it  enacted  hy  the  General  'Assembly  of  the  Commonwealth  of^ 
Kentucky:  §  1.  That  the  trustees  of  all  common  school  dis- 
tricts in  this  State,  in  which  said  trustees  have  heretofore  bor- 
rowed or  furnished  money,  and  have  expended  the  same  in 
erecting  and  furnishing  schoolhouses  in  their  respective  dis- 
tricts, and  where  the  indebtedness  so  incurred  remains  unpaid, 
and  the  present  rate  of  taxation  authorized  by  law  is  insuffi- 
cient to  raise  a  sum  in  said  districts  sufficient  to  pay  off  and 
discharge  said  indebtedness  within  two  years,  the  said  trustees 
are  authorized  and  empowered  to  order  a  tax,  not  exceeding 
the  sum  of  twenty-five  cents  on  each  one  hundred  dollars 
worth  of  taxable  property  in  their  respective  districts,  each 
and  every  year  hereafter,  until  a  sum  sufficient  has  been  rais- 
ed to  pay  off  and  discharge  such  indebtedness  so  incurred. 

§  2.  Said  tax  should  be  levied  and  collected  as  provided  by 
law  for  the  levy  and  collections  of  the  present  school  tax; 
Provided,  That  no  tax  shall  be  levied  or  collected  from  the 
property  of  colored  persons  to  pay  any  indebtedness  incurred 
for  the  benefit  of  schools  for  white  children. 

'  Approved  July  1,  1893. 


122  PROVISION   FOR   PAYING   GRADED   SCHOOL  DEBT. 


VII.       PROVISION  FOR  PAYING  OLB  DEBT  OF  GRADED  COMMON 
SCHOOL  DISTRICT— AMENDED  ACT.* 

Be  it  enacted  by  the  General  Assembly  of  the  Commonwealth  of 
Kentucky:  §  1.  That  the  board  of  trustees  of  graded  schools 
maintained  by  taxation  and  designed  for  the  education  of 
children  residing  within  certain  boundaries,  may  in  (some) 
cases  where  the  tax  now  imposed  in  such  districts  is  not  suffi- 
cient to  pay  for  the  school  buildings,  grounds,  school  furniture, 
apparatus,  and  to  pay  the  debts  that  the  trustees  of  the 
districts  have  contracted  in  establishing  and  furnishing  the 
same,  issue  the  bonds  of  such  district  for  an  amount  sufficient 
to  meet  said  indebtedness,  and  impose  annually  a  tax  of  not 
exceeding  twenty-five  cents  on  each  one  hundred  dollars' 
worth  of  property  in  the  district,  in  addition  to  the  tax  now 
imposed  in  such  districts,  to  pay  the  bonds  so  issued  and  the 
interest  thereon. 

§  2.  The  bonds  so  issued  shall  bear  not  exceeding  six  per 
cent,  interest  per  annum,  and  shall  be  issued  by  a  majority  of 
the  trustees,  and  in  such  manner  as  they  may  deem  best,  and 
shall  be  payable  at  such  times,  and  at  such  places,  and  in  such 
amounts,  as  they  may  determine;  and  the  tax  to  pay  the  bonds 
and  interest  shall  be  imposed  by  an  order,  signed  by  a  major- 
ity of  the  trustees,  specifying  the  annual  tax  to  be  imposed. 

§  3.  The  tax  so  imposed  shall  be  collected  by  the  assess- 
ment value  of  the  property  in  the  district,  as  ascertained  by 
the  assessment  made  for  State  and  county  purposes  next 
preceding  the  collection  of  the  tax,  and  may  be  collected  by 
the  sheriff  of  the  county,  or  by  a  collector  appointed  for  that 
purpose  by  the  board  of  trustees;  and  the  collector  or  sheriff 
shall  have  the  same  power  in  the  collection  of  such  tax  as  he, 
has  in  the  collection  of  State  tax,  and  the  same  penalties  shall 
be  added  for  a  failure  to  pay  the  same,  and  it  shall  be  collected 
at  the  same  time  and  in  the  same  manner  as  the  State  tax; 
and  the  same  compensation  shall  be  paid  for  its  collection  as 
is  paid  for  collecting  the  State  revenue. 


♦See  section  126,  general  law,  ante. 


PROVISION  FOR  PAYING  GRADED  SCHOOL  DEBT.       123 

§  4.  The  board  of  trustees  shall,  annually,  on  the  second 
Monday  in  May,  impose  the  tax,  and,  when  collected,  it  shall 
be  paid  to  the  chairman  of  the  board,  who  shall  at  once  apply 
the  same  to  the  payment  of  the  bonds  and  interest.  When  the 
bonds  and  interest  are  paid,  the  tax  shall  not  be  levied  or 
collected,  nor  shall  the  trustees  or  any  of  them,  receive  any 
compensation  for  their  services  under  this  act. 

§  5.  The  bonds  herein  provided  for  shall  be  signed  by  the 
chairman  of  the  board  of  trustees  of  the  graded  school.  No 
tax  collector  appointed  under  the  provisions  of  this  act  shall 
commence  the  discharge  of  the  duties  of  his  office  until  he  has 
appeared  in  the  county  court  of  the  county  in  which  the  graded 
school  is  situated  and  taken  the  oath  of  office  and  executed, 
with  good  sureties,  a  bond  similar  to  that  prescribed  by  law 
for  other  tax  collectors.  Before  the  chairman  of  the  board 
of  trustees  shall  receive  the  taxes  collected  as  provided  for 
by  section  4,  he  shall  execute  in  the  county  court  a  bond  w^ith 
good  surety,  conditioned  for  his  faithful  application  of  money 
that  may  come  to  his  hands.  If  he  shall  fail  or  decline  to  give 
such  bond,  then  the  sheriff  or  collector  shall  hold  the  taxes 
collected,  subject  to  be  paid  out  upon  the  bonds  as  ordered  by 
the  board  of  trustees.  The  collecting  officer  and  the  chairman 
of  the  board  of  trustees  shall  settle  their  accounts  with  the 
board  on  or  before  the  first  Monday  in  January  each  year,  and 
the  board  may  require  them  to  state  their  accounts  as  often 
as  once  every  three  months. 

§  6.  That  in  the  event  trustees  do  not  desire  to  issue  bonds, 
they  shall  collect  the  taxes  provided  for  in  the  previous 
sections  and  apply  the  same,  after  paying  cost  of  collecting, 
to  the  discharge  of  the  indebtedness,  pro  rata,  from  year  to 
year,  till  all  the  said  debts  are  paid;  and  if,  after  making  final 
levy  and  paying  the  debts,  there  is  a  residue,  it  shall  be  turned 
over  to  the  district  treasurer  and  become  common  funds  of  the 
district.  But  excepting  the  residue  mentioned  in  this  section, 
no  part  of  the  taxes  or  proceeds  of  bonds  herein  provided  for 
shall  be  used  for  any  other  purpose  than  paying  cost  of  collect- 
ing and  the  debts  contracted  by  the  trustees  prior  to  the  time 
of  levying  the  first  year's  tax  provided  for  in  this  chapter. 

§  7.  It  appearing  that  there  are  graded  school  districts  in 
the   Commonwealth    that    have    contracted    debts,    for    the 


124  ADJUNCT  SCHOOLS  AND  COLLEGES. 

payment  of  which  there  is  no  provision,  an  emergency  is 
therefore  declared,  and  this  act  shall  take  effect  from  its 
passage. 

Approved  March  3,  1894. 


VIII.     ADJUNCT  SCHOOLS  AND  COLLEGES. 

AN  ACT  to  enable  iacorporated  colleges  and  universities  located  in  this  Com- 
monwealth to  establish  adjunct  schools  and  colleges. 

Be  it  enacted  hy  the  General  Assembly  of  the  Commonwealth  of 
Kentuclcy:  §  1.  That  any  incorporated  college  or  university 
located  in  this  Commonwealth  shall  have  power  to  establish 
adjunct  schools  and  colleges  in  any  part  of  the  Commonwealth 
to  be  operated  in  connection  with  and  under  the  auspices  of 
the  college  or  university  by  which  they  shall  be  established; 
and  for  the  purpose  of  establishing,  operating  and  controlling 
said  adjunct  schools  and  colleges  the  institution  establishing 
them  shall  have  power  to  solicit  and  receive  subscriptions  and 
donations  of  money  and  other  property. 

§  2.  All  money  and  property  subscribed,  donated  or  other- 
wise procured,  for  the  benefit  of  any  adjunct  school  or  college, 
shall  be  held  and  applied  by  the  board  of  trustees  or  curators 
of  the  institution  establishing  them  for  the  purpose  of 
establishing,  maintaining  and  controlling  said  adjunct  school 
or  college;  and  said  board  of  managers  shall  have  power  to 
procure  grounds  and  erect  buildings  thereon  for  their  use  and 
occupation;  to  appoint  and  remove  teachers  for  the  same;  to 
prescribe  a  course  of  study  for  the  students  thereof,  and  confer 
degrees  of  graduation  therefrom;  and  to  exercise  the  same 
general  supervision  and  control  over  them  that  they  are 
empowered  by  their  several  charters  to  exercise  over  the 
affairs  of  their  respective  institutions. 

§  3.     This  act  shall  take  effect  ninety  days  after  its  passage. 

Approved  June  28,  1883. 


AGRICULTURAL  AND  MECHANICAL  COLLEGE.  125 


IX.     THE  AGRICULTURAL  AND  MECHANICAL  COLLEGE. 

AN  ACT  to  provide  for  the  effective  management  and  administration  of  the 
Agricultural  and  Mechanical  College  of  Kentucky. 

Be  it  enacted  hy  the  General  Assembly  of  the  Commonwealth  of 
Kentucky:  §  1.  That  the  government,  administration  and 
control  of  the  Agricultural  and  Mechanical  College  of 
Kentucky,  be  and  is  hereby,  vested  in  a  board  of  trustees, 
constituted  and  appointed  as  follovrs: 

1.  His  Excellency,  the  Governor  of  Kentucky,  who  shall  be 
eco  officio  chairman  thereof. 

2.  Fifteen  men,  discreet,  intelligent  and  prudent,  who  shall 
be  nominated  by  the  Governor  of  Kentucky,  and  by  and  with 
the  advice  and  consent  of  the  Senate.  They  shall  hold  office 
for  six  years,  five  retiring  and  five  being  appointed  at  each 
regular  session  of  the  General  Assembly.  Said  nomination 
shall  be  made  within  fifteen  days  after  the  Legislature  con- 
venes. Said  trustees  shall  be  appointed  and  distributed  as 
follows,  namely:  One  from  each  Congressional  district  out- 
side of  the  Congressional  district  in  which  Lexington  is 
situated,  and  the  remainder  from  the  latter  district;  but  no 
more  than  three  trustees  shall  be  appointed  from  the  county 
of  Fayette:  Provided,  That  no  trustee  now  serving  under  an 
appointment  previously  made  shall  be  displaced  by  the  opera- 
tion of  this  act  before  his  term  of  service  shall  have  expired. 

3.  The  president  of  the  college  shall  be  ex  officio  a  member 
of  the  board  of  trustees. 

§  2.  The  board  of  trustees,  when  appointed  and  qualified, 
shall  be  a  body  corporate,  under  the  corporate  name  of  the 
Agricultural  and  Mechanical  College  of  Kentucky,  and  as  a 
corporation  shall  have  power  to  sue  and  be  sued,  implead  and 
be  impleaded,  contract  and  be  contracted  with,  and  possess  all 
the  immunities,  rights,  privileges  and  franchises  usually 
attaching  to  the  governing  bodies  of  educational  institutions. 
They  shall  have  power  to  receive,  hold  and  administer,  on 
behalf  of  the  institution  whose  government,  administration 
and  control  is  committed  to  them,  all  revenues  accruing  from 
all  existing  or  future  endowments,  appropriations  or  bequests. 


126  AGRICULTURAL  AND  MECHANICAL  COLLEGE. 

by  whomsoever  made,  subject  to  the  conditions  attaching 
(hereto;  to  receive,  administer  and  apply,  for  and  on  behalf  of 
said  college,  all  moneys,  devises,  stocks,  bonds,  buildings, 
museums,  lands,  apparatus,  and  so  forth,  and  so  forth,  under 
the  conditions  attaching  thereto.  Said  trustees  shall  have 
power  to  determine,  from  time  to  time,  the  number  of  depart- 
ments of  study  or  investigation  which  the  college,  shall 
comprise  within  the  scope  of  the  organic  act  of  Congress,  or 
acts  supplementary  thereto,  donating  land  script  for  the 
endowment  of  agricultural  and  mechanical  colleges;  the 
relation  which  each  department  or  group  of  departments  shall 
sustain  to  each  other  and  to  the  whole;  to  devise,  allot  and 
arrange  the  distribution  of  departments  or  groups  of  depart- 
ments with  the  designation  appropriate  to  each,  and  to  devise 
the  means  required  for  their  effective  instruction,  administra- 
tion and^  government.  They  shall  have,  also,  power  to 
appoint  presidents,  professors,  assistants,  tutors  and  other 
officers,  and  to  determine  the  salaries,  duties  and  official 
relations  of  each;  and  shall  provide  for  a  definite  salary  in 
money  attached  to  all  positions  created  and  filled  by  the  board 
of  trustees;  and  there  shall  be  no  additions  thereto  in  the  form 
of  fees,  perquisites  or  emoluments  of  any  kind  whatever. 
They  shall  have  full  power  to  suspend  or  remove  at  will  any  of 
the  officers,  teachers,  professors  or  agents  whom  they  are 
authorized  by  law  to  appoint,  and  to  do  all  other  acts  which 
may  be  needful  for  the  welfare  of  the  institution. 

§  3.  Said  board  of  trustees  shall  have  power  to  grant 
degrees  to  the  alumni  of  the  institution;  to  prescribe  condi- 
tions upon  which  post-graduate  honors  shall  be  obtained  by 
its  alumni  and  others,  and  to  confer  such  honorary^  degrees, 
upon  the  recommendation  of  the  faculty  of  the  Institution,  as 
they  may  think  proper. 

§  4.  A  majority  of  the  whole  board  shall  constitute  a 
quorum  for  the  transaction  of  business. 

§  5.  In  the  appointment  of  presidents,  professors  or 
instructors,  no  preference  shall  be  shown  to  any  religious 
denomination. 

§  6.  The  board  of  trustees  shall  meet  in  Lexington  twice 
each  year  in  the  president's  room  in  the  college,  namely :  Upon 
the  Tuesday  preceding  the  annual  commencement,  and  upon 


AGRICULTURAL  AND  MECHANICAL  COLLEGE.  127 

the  second  Tuesday  in  December.  In  the  absence  of  the  Gov- 
ernor the  board  shall  have  the  power  to  appoint  a  chairman 
pro  tern.  They  shall  elect  annually  a  secretary,  who  shall  keep 
a  record  of  their  proceedings,  and  a  treasurer,  who  shall 
receive  and  disburse  the  funds,  and  a  business  agent,  who 
shall  make  all  purchases  for  all  departments  of  the  college, 
and  attend  to  all  the  business  under  the  direction  of  the  board. 
Said  secretary  and  treasurer  and  business  agent  shall  receive 
for  their  services  a  fair  compensation;  but  the  treasurer 
elected  under  the  provisions  of  this  act  shall  not  be  a  member 
of  the  board  of  trustees  or  of  the  faculty  of  the  college,  or 
otherwise  an  employe  of  the  college  or  of  any  of  the 
departments  thereof.  They  shall,  at  each  regular  meeting, 
appoint  an  executive  committee,  consisting  of  five  of  their 
number,  residing  in  or  near  Lexington,  including  a  chairman 
thereof,  three  of  whom  shall  constitute  a  quorum;  and  said 
committee  shall  choose  from  their  number  a  chairman  pro 
tempore,  to.  act  in  the  absence  of  the  permanent  chairman. 
The  executive  committee  shall  be  charged  with  the  general 
administration  of  the  affairs  of  the  college  under  such  by-laws 
and  regulations  as  shall  be  prescribed  by  4:he  board  of  trustees, 
and  with  the  execution  of  measures  specially  authorized  by 
the  board.  It  shall,  at  each  regular  meeting  of  the  trustees, 
and  at  each  called  meeting  if  required,  submit  to  the  board  a 
complete  record  of  its  proceedings  for  the  consideration  and 
approval  of  the  board  of  trustees:  Provided,  That  the  authority 
of  the  board  of  trustees  to  revise  the  acts  of  the  executive 
committee  shall  not  extend  to  the  rejection  of  any  valid  or 
authenticated  account  of  money  expended  under  a  general  or 
specific  authority  granted  by  the  board  of  trustees,  and 
within  the  sums  appropriated  by  the  board  for  specific  or 
contingent  objects  at  regular  or  called  meetings.  The  secre- 
tary of  the  board  of  trustees  shall  also  be  secretary  of  the 
executive  committee  and  the  custodian  of  the  records,  and  so 
forth,  of  the  board  and  of  said  committee. 

§  7.  That  the  treasurer  of  said  college  shall  enter  into 
covenant  with  the  Commonwealth  of  Kentucky,  with  one  or 
more  good  sureties  bound  therein,  to  be  approved  by  the  board 
of  trustees,  conditioned  for  the  faithful  performance  of  his 
duties,  and  the  payment  of  all  moneys  that  shall  come  to  his 
hands  to  his  successor  in  office,  or  to  such  person  or  persons 
as  mav  be  lawfully  entitled  to  receive  the  same.     Any  person 


128  AGRICUI.TURAL  AND  MECHANICAIv  COLLEGE. 

or  persons,  including  the  board  of  trustees,  injured  by  any 
breech  of  this  bond,  may  maintain  in  the  Fayette  Circuit 
Court  appropriate  action  thereon.  The  said  treasurer  shall 
keep  an  itemized  account  of  receipts  and  expenditures,  and 
shall  pay  out  no  money  except  on  authorization  of  the  board 
of  trustees,  given  directly  or  through  its  executive  committee. 
He  shall  render  to  the  executive  committee  monthly  state- 
ments  of  receipts  and  expenditures,  and  amount  on  hand,  and 
a  full  detailed  statement,  with  vouchers,  for  the  information 
and  action  of  the  board  of  trustees  at  its  regular  annual 
meeting,  and  at  other  periods  when  required. 

§  8.  In  the  case  of  the  death,  resignation  or  refusal  to  serve 
of  any  of  the  trustees  appointed  as  members  of  the  board  on 
behalf  of  the  State,  the  remaining  trustees  shall,  at  their  first 
meeting  thereafter,  have  power  to  fill  all  vacancies  occasioned 
by  such  death,  resignation  or  refusal  to  serve;  and  the  person 
or  persons  so  appointed  shall  hold  their  offices  as  trustees 
during  the  natural  or  unexpired  terms  of  the  person  or  persons 
for  whom  they  are  substituted  and  appointed.  Any  trustee 
who  shall  fail  to  attend  two  consecutive  meetings,  without 
proper  notification  to  the  secretary  of  the  reason  therefor, 
shall  hereby  vacate  his  office  of  trustee,  and  the  board  shall 
fill  the  vacancy  as  hereinbefore  provided  for. 

§  9.  All  necessary  expenses  incurred  by  the  trustees  in 
going  to,  returning  from,  or  while  attending  the  meetings  of 
the  board,  shall  be  met  and  discharged  out  of  the  funds  of 
the  institution. 

§  10.  That  in  addition  to  the  regular  meetings,  called  meet- 
ings of  the  board  of  trustees  may  also  be  held.  The  call  for 
such  meeting  must  be  in  writing,  signed  by  three  or  more 
trustees.  The  call  must  also  be  formally  communicated  by 
the  secretary  to  each  trustee  by  mail,  at  his  post-office  address, 
at  least  fifteen  days  before  the  day  fixed  for  the  meeting,  and 
must  state  definitely  the  object  of  the  meeting;  and  no  busi- 
ness not  thus  explicitly  announced  shall  be  acted  on  at  the 
called  meeting. 

§  11.  That  the  regular  collegiate  period  of  the  Agricultural 
and  Mechanical  College  shall  be  four  years,  and  only  those 
students  who  pass  through  that  period  and  attain  the 
prescribed  standard  of  proficiency  in  the  regular  course  of 


AGRICULTURAL  AND   MECHANICAL  COLLEGE.  129 

Studies,  or  those  wlio^  having  qualitied  themselves  elsewhere, 
shall  be  found,  after  at  least  one  year's  attendance  in  the 
college,  to  have  attained  the  prescribed  standard  of  proficiency 
in  the  regular  course  of  studies,  shall  receive  a  diploma  from 
the  college.  But  a  normal  department  or  course  of  instruction 
for  irregular  periods,  designed  more  particularly  .but  not 
exclusively,  to  qualify  teachers  for  common  or  other  schools; 
and  an  academy  or  preparatory  department  to  prepare 
students  for  the  regular  courses  of  study  in  the  college,  shall 
l>e  established  and  maintained  in  connection  with  the  college, 
each  under  a  competent  principal  and  assistants,  and  under 
tlie  general  supervision  and  control  of  the  faculty  thereof. 

§  12.  That  the  board  of  trustees  be,  and  hereby  are, 
empowered  to  establish  proper  regulations  for  government 
of  the  college  and  the  physical  training,  military  or  otherwise, 
of  the  students,  and  to  authorize  the  suspension  and  dismissal 
of  students  for  neglect  or  violation  of  the  regulations,  and 
for  other  conduct  prejudicial  to  the  character  and  welfare  of 
the  institution. 

§  13.  That  the  board  of  trustees  shall  make  to  the  General 
Assembly,  within  the  first  month  of  each  regular  session,  a 
full  report  of  the  condition  and  operation  of  the  college  since 
the  date  of  the  preceding  report,  with  such  recommendations 
concerning  the  college  as  may  be  deemed  necessary. 

§  14.  Each  legislative  district  in  the  State  shall,  in 
consideration  of  the  incomes  accruing  to  the  college  under 
"An  act  for  the  benefit  of  the  Agricultural  and  Mechanical 
( Vdlege  of  Kentucky/'  approved  April  29,  1880,  be  entitled  to 
select  and  to  send  to  said  college  each  year  one  properly 
prepared  student,  free  from  all  charges  for  tuition,  matricula- 
tion fees,  room  rent,  fuel  and  lights,  and  to  have  all  the 
advantages  and  privileges  of  the  college  and  dormitories  free, 
(^xcept  board.  Said  students  shall  be  entitled,  free  of  any 
(  ost  whatever,  to  the  benefits  enumerated  above,  for  the  term 
of  years  necessary  to  complete  the  course  of  study  In  which  he 
or  she  matriculates  for  graduation,  or  during  good  behavior. 
All  beneficiaries  of  the  State  who  continue  students  for  one 
consecutive  collegiate  year,  or  ten  months,  unless  unavoidably 
prevented,  shall  also  be  entitled  to  their  necessary  traveling 
expenses  in  going  to  and  returning  from  said  college.     The 

[9] 


130  AGRICUIvTURAL  AND  MECHANICAL  COLLEGE. 

selection  of  the  beneficiaries  shall  be  made  by  the  superin- 
tendents of  common  schools  in  their  respective  counties,  upon 
competitive  examination,  on  subjects  prepared  by  the  faculty 
of  the  college,  and  transmitted  to  said  superintendents  before 
the  first  day  of  June  of  each  year :  Provided,  That  no  standard 
of  admission  adopted  by  the  college  for  admission  into  the 
academy  shall  exclude  from  the  benefits  of  this  act  county 
appointees  who  have  completed  the  course  of  study  prescribed 
by  law  for  the  common  schools  of  the  Commonwealth.  Said 
competitive  examination  shall  be  open  to  all  persons  between 
the  ages  of  fourteen  and  twenty-four  years.  Preference  shall 
be  given,  other  things  being  equal,  to  those  who  have  passed 
with  credit  through  the  public  school,  persons  of  energy  and 
industry,  whose  means  are  small,  to  aid  whom  in  obtaining  a 
good  education  this  provision  is  intended.  If  any  representa- 
tive district  contains  more  than  one  county,  each  county  so 
included  shall  be  entitled  to  select  one  beneficiary  as  aToresaid. 
Said  competitive  examination  shall  be  held,  and  the  success- 
ful competitor  appointed,  between  the  first  day  of  June  and 
the  first  day  of  August  of  each  year.  It  shall  be  the  duty  of 
the  county  superintendent  to  make  known  the  benefits  of  this 
provision  to  each  common  school  district  under  his  superin- 
tendency,  with  ,the  time  and  place  when  and  where  such 
competitive  examination  shall  be  held.  He  shall,  for  this 
purpose,  appoint  a  board  of  examiners,  whose  duty  it  shall  be 
to  conduct  the  examination. 

§  15.  In  addition  to  the  foregoing,  teachers  or  persons 
preparing  to  teach  may  be  admitted  at  the  rate  of  not  more 
than  four  from  each  county,  upon  the  same  conditions,  receive 
the  same  benefits,  and  have  the  same  privileges  in  said  college 
as  prescribed  in  the  preceding  section.  These  appointments 
shall  be  vested  in  the  county  superintendents.  Said  appoint- 
ments may  be  made  and  certified  to  the  president  of  the  college 
at  any  time  between  the  first  day  of  July  and  the  thirty -first 
day  of  December  of  each  year. 

§16.  The  president  shall,  on  or  before  the  first  day  of  July 
of  each  year,  have  printed  and  mailed  to  each  county 
superintendent  of  common  schools  of  this  State  at  least  as 
many  circulars  of  information  relative  to  said  college  as  there 
are  common  school  districts  in  said  respective  counties.  Said 
circulars  shall  set  forth  in  full  the  benefits  of,  methods  of 


I 


AGRICULTURAL  AND  MECHANICAL  COLLEGE.  131 

admission  into,  and  the  probable  cost  to  beneficiaries  of  said 
college.  The  county  superintendents  of  common  schools  shall 
have  at  least  one  of  said  circulars  posted  in  the  schoolhouse  of 
each  common  school  district  in  their  respective  counties 
during  the  term  of  the  free  school  thereof. 

§  17.  All  acts  and  parts  of  acts  in  conflict  with  this  are 
hereby  repealed.  ~    ^ 

§  18.  That,  as  the  difference  in  the  cost  of  travel  from 
different  parts  of  the  State  practically  operates  as  a  difference 
in  advantages  offered  to  different  parts  of  the  State,  an 
emergency  is  declared  to  exist,  and  this  act  shall  be  in  full 
force  and  effect  from  and  after  its  approval  by  the  Governor. 

Approved  May  9,  1893. 

Be  it  enacted  by  the  General  A.ssemUj/  of  the  Commomcealih  of 
Kentucky:  §  1.  That  the  sum  of  sixty  thousand  dollars,  or 
so  much  as  may  be  necessary  tlierefor,  be  and  the  same  is 
hereby  appropriated  for  the  purchase  of  ground  and  the 
erection  thereon  of  a  suitable  building  as  a  dormitory  for 
young  women  students  of  the  Agricultural  and  Mechanical 
College  of  Kentucky,  and  the  equipment  and  furnishing  there- 
of, which  dormitory  shall  be  capable  of  lodging  and  boarding 
comfortably  one  hundred  and  twenty-five  persons;  also,  for 
the  fJurpose  of  erecting  and  equipping  a  suitable  building  for 
military  instruction,  physical  culture  and  rooms  for  Young 
Men's  Christian  Association;  also,  for  the  erection  and  equip- 
ment of  a  suitable  building  for  the  use  of  the  normal  depart- 
ment and  for  the  use  of  the  academy;  also,  for  the  erection 
and  equipment  of  a  dormitory  for  young  men  students  of  said 
college;  also,  for  the  purpose  of  erecting  and  furnishing  an 
annex  for  the  use  of  the  engineering  departments  of  said 
college. 

§  2.  Thirty  thousand  dollars  of  the  sum  appropriated  under 
section  1  of  this  act  is  hereby  set  apart  for  the  purchase  of 
ground  and  erection  of  a  dormitory  for  young  women  and  for 
the  equipment  and  furnishing  of  the  same.  Said  building 
shall  contain  the  necessary  bed  rooms,  water  closets,  bath 
rooms,  kitchen,  store  rooms,  hall  for  physical  culture  with 
the  necessary  conveniences  which  should  appertain  thereto. 
Said  women's  dormitorv  shall  not  be  situated  on  any  part  of 


132  AGRICULTURAL  AND   MECHANICAL  COLLEGE. 

the  ground  known  as  the  College  Campus.  The  title  to  said 
property  shall  be  vested  in  the  boards  of  trustees  of  the 
Agricultural  and  Mechanical  College  of  Kentucky. 

§  3.  The  residue  of  the  appropriation  made  by  this  act 
shall  be  u^ed  by  the  board  of  trustees  of  said  college  in 
erecting,  equipping,  and  furnishing  the  other  buildings  set 
fortji  in  section  1  of  this  act,  and  if  the  residue  of  the  appro- 
priation be  not  sufficient  therefor,  then  it  shall  be  expended 
in  erecting  and  furnishing  such  of  said  other  buildings  as  the 
board  of  trustees  may  think  most  necessary  until  said  appro- 
priation be  exhausted. 

§  4.  The  board  of  trustees  shall  appoint  three  prudent, 
discreet,  intelligent  Avomen;  members  in  good  standing  of  one 
of  the  religious  organizations  recognized  by  the  laws  of  the 
United  States,  who  shall  constitute  a  board  of  supervision  or 
control  to  manage  and  superintend,  under  the  direction  of  the 
board  of  trustees,  the  dormitory  for  young  women.  The  term 
of  service  shall  be  for  six  years;  but  the  first  appointments 
shall  be,  one  for  two  years,  one  for  four  years,  and  one  for  six 
years  respectively,  and  thereafter,  upon  the  expiration  of  their 
terms  of  service,  one  shall  be  appointed  at  the  close  of  each 
biennial  period  to  fill  the  vacancy.  Provided,  however,  that 
the  board  of  trustees  shall  have  pow  er  at  any  time  to  remove 
any  member  of  the  board  of  control  for  reasons  which  they 
may  deem  sufficient  and  to  fill  the  unexpired  term  by  an 
ad  interim  appointment.  Said  board  of  supervision  shall  meet 
at  convenient  intervals  for  the  transaction  of  business.  They 
shall  keep  a  record  of  their  proceedings  and  submit  the  same 
to  the  board  of  trustees  at  their  regular  meetings.  Their 
receipts  and  expenditures  shall  be  embodied  in  semi-annual 
reports  to  the  board.  They  shall,  w^hen  the  dormitory  is  ready 
for  the  reception  of  students,  submit  to  the  board  of  ti:ustees 
for  their  approval  or  to  the  executive  committee,  if  the  board 
of  trustees  be  not  in  session,  a  body  of  regulations  in  relation 
to  their  administration  of  the  business  of  the  dormitory,  and 
in  relation  to  the  conduct  and  discipline  of  its  occupants. 
The  members  of  the  board  of  supervision  or  control  shall 
receive  no  salary ;  but  the  necessary  expenses,  incurred  in  the 
discharge  of  their  duties,  shall  be  paid  out  of  the  funds. set 
apart  for  the  administration  of  the  women's  dormitory. 


AGRICULTURAL  AND  MECHANICAL  COLLEGE.  133 

§  5.  The  sum  of  two  thousand  dollars  annually  is  hereby 
appropriated  to  defray  the  running  expenses  of  said  women's 
dormitory,  including  fuel,  lights,  servant's  hire,  janitor,  cooks, 
and  the  necessary  expenses  of  the  board  of  supervision  or  con- 
trol as  hereinbefore  set  fortli. 

§  6.  The  rates  of  board  charged  young  women  shall  be 
determined  by  the  cost  of  provisions  and  their  preparation 
and  service,  with  no  margin  of  profit.  ^  A  small  monthly  fee 
may,  however,  be  added  to  cover  the  wear  and  tear  of  kitchen, 
dining  room,  and  bed  room  furniture. 

§  7.  The  duties  of  the  board  of  supervision  or  control 
shall  be  concerned-  exclusively  with  the  management  of  the 
women's  dormitory  and  shall  in  no  wise  relate  to  the  college 
privileges,  duties  and  relations  of  the  young  women  nor  to  the 
requirements  of  the  faculty  regarding  their  work  or  the  disci- 
I>line  and  control  of  the  faculty  over  them  as  students. 

§  8.  The  president  of  the  college  shall,  as  the  representa- 
tive of  the  board  of  trustees,  have  the  same  general  authority 
in  regard  to  the  women's  dormitory  which  he  is  expected  and 
required  to  exercise  over  the  interests  all  and  singular  of  the 
college,  and  any  occupant  of  said  dormitory  who  may  feel- 
aggrieved  by  the  act  of  the  board  of  control  or  the  subordinate 
appointees  shall  have  the  privilege  of  appeal  to  the  president 
of  the  college,  whose  decision  shall  be  final  until  the  next 
meeting  of  the  executive  committee. 

§  9.  Women  students  attending  said  college  as  benefieiaiies 
and  appointees  of  counties  or  legislative  districts  shall  have 
preference  for  accommodations  in  said  women's  dormitory, 
and  if  the  accommodations  of  said  dormitory  are  not  sufficient 
for  all  such  appointees,  then  the  proper  authorities  of  said 
college  shall  decide,  in  some  way  fair  and  equitable,  who  shall 
be  entitled  to  said  accommodations,  all  counties  being  given 
equal  representation  as  nearly  as  x)ossible.  If  any  rooms  in 
said  dormitory  remain  after  all  such  appointees  are  accommo- 
dated other  female  students  may  be  allowed  the  use  thereof, 
each  county  being  given  equal  representation  as  nearly  as 
possible.  All  rooms  shall  be  assigned  by  lot  three  days  after 
the  session  opens. 

Like  rules  and  preferences  shall  be  observed  in  regard  to 
dormitory  accommodations  provided  for  men  students  at  said 


134  AGRICULTURAL  AND  MECHANICAL  COLLEGE. 

oollege.     All  rooms  shall  be  assigned  by  lot  three  days  after 
the  session  opens. 

§  10.  The  board  of  trustees  of  said  college  shall  appoint 
a  competent  architect  or  architects  to  prepare,  under  their 
direction,  plans  and  specifications  for  the  buildings  aforesaid 
and  shall  contract  with  responsible  parties  for  the  erection 
and  equipment  of  the  same. 

All  contracts  under  this  act  for  material  and  labor,  or  for 
the  erection  of  any  and  all  buildings  and  improvements  and 
for  the  equipment  of  the  same  for  the  purposes  mentioned  in 
this  act  shall  be  let  to  the  lowest  and  best  bidder,  after  the 
same  is  duly  advertised  by  notice  for  ten  successive  days  in 
the  daily  newspaper,  in  the  city  of  Lexington,  Kentucky, 
having  the  largest  circulation,  or  for  four  consecutive  weeks  in 
the  weekly  paper  of  said  city  having  the  largest  circulation, 
in  the  judgment  of  the  board  of  trustees;  the  successful  bidder 
in  each  case  entering  into  bond  to  the  Commonwealth  of 
Kentucky  for  the  benefit  of  said  A.  &  M.  College  of  Kentucky, 
in  a  sum  not  less  than  fifteen  per  cent,  of  the  contract  sum  or 
price  for  the  completion  of  the  work  in  the  manner  and  within 
the  time  set  out  in  the  contract  or  contracts,  and  manner  and 
time  shall  be  fully  and  in  detail  set  out  in  said  contract. 

The  money  hereby  appropriated  shall  be  paid  to  the  treas- 
urer of  the  said  college  from  time  to  time  as  the  purchasing 
of  land,  erection  of  buildings  and  furnishing  of  same,  as 
contemplated  in  this  act,  may  require;  and  it  shall  be  the  duty 
of  the  auditor  of  public  accounts  to  draw  his  warrant  or 
warrants  upon  the  treasurer  of  the  State  in  favor  of  the 
treasurer  of  said  college  for  such  an  amount  as  the  said 
treasurer  of  said  college  may  certify  to  hiin,  from  time  to  time^ 
is  necessary  and  needed  in  carrying  out  the  provisions  of  this 
act. 

§  11.  Said  board  of  trustees  shall  submit  to  the  next  regular 
session  of  the  General  Assembly  an  itemized  account  and 
statement  of  the  expenditures  made  for  the  purposes  herein 
named,  which  account  and  statement  shall  be  properly  cer- 
tified and  audited ;  and  if  any  of  the  funds  hereby  appropriated 
remain  unexpended  after  the  additions  and  improvements  to 
said  college  herein  authorized  have  been  made,  the  same  shall 
be  returned  to  the  State  treasurer  by  the  said  board  of  trus- 
tees. 


STATE  NORMAL  SCHOOL  FOR  COLORED  PERSONS.  135 

The  annual  appropriation  made  by  this  act  for  the  benefit 
of  the  women's  dormitory  shall  be  paid  to  the  treasurer  of 
said  college  upon  warrant  of  the  auditor  to  be  used  for  the 
purposes  specified. 

§  12.  Whereas,  it  is  necessary  that  the  Avork  on  the  buildings 
and  improvements  authorized  by  this  act  shall  begin  as  soon 
as  possible  in  order  that  said  buildings  and  improvements  may 
be  completed  and  ready  for  use  at  the  beginning  of  the  next 
I'egular  collegiate  year  of  said  college  in  September  next  an 
emergency  is  hereby  declared  to  exist  and  this  act  shall  take 
effect  and  be  in  full  force  from  and  after  its  approval  by  the 
Governor. 

Approved   March   21,    1900. 


X.     STATE  NORMAL  SCHOOL  FOR  COLORED  PERSONS. 

AN  ACT  ooncerning  the  State  Normal  School  for  Colored  Persons. 

Be  it  enacted  hy  the  General  Assembly  of  the  Commomcealth  of 
Kentucky:  §  1.  The  State  Normal  School  for  Colored  Persons, 
established  by  an  act  of  the  General  Assembly,  approved  May 
eighteenth,  one  thousand  eight  hundred  and  eighty-six,  shall 
hereafter  be  under  the  control  and  supervision  of  a  board  of 
trustees,  composed  of  the  Superintendent  of  Public  Instruc- 
tion, who  shall  be  eoo  officio  chairman  of  the  board,  and  three 
intelligent  and  discreet  persons,  residents  of  Franklin  county, 
to  be  appointed  by  the  Governor  subject  to  the  approval  of  the 
Senate,  who  are  hereby  constituted  a  body-corporate,  with 
power  to  sue  and  be  sued,  plead  and  be  impleaded,  and  to  hold 
in  trust  all  funds  and  property  now  owned  by  said  school,  or 
which  may  hereafter  be  provided  for  it,  and  shall  be  known 
and  designated  as  "The  Board  of  Trustees  of  the  Kentucky 
State  Normal  School  for  Colored  Persons.'^  The  term  of  office 
of  the  three  members  appointed  by  the  Governor  shall  begin 
on  the  first  day  of  July,  one  thousand  eight  hundred  an'd 
ninety -three,  and  one  member  thereof  shall  retire,  as  may  be 
determined  by  lot,  at  the  end  of  one  year  thereafter,,  one  in 
two  years,  and  the  other  in  three  years;  their  successors  shall 


136      STATE  NORMAL  SCHOOL  FOR  COLORED  PERSONS. 

be  appointed  by  the  Governor  for  a  term  of  three  years;  they 
»shall  be  subject  to  removal  by  the  Governor  for  cause,  and  he 
is  authorized  to  till  all  vacancies  occurring  by  death,  resigna- 
tion or  otherwise.  Said  board  shall  adopt  such  rules  for  the 
government  of  said  school,  not  inconsistent  with  law,  as  they 
deem  proper,  and  shall  supervise  all  its  interests,  provide  for 
all  its  wants,  confer  weekly  with  the  faculty,  and  require 
formal  reports  of  the  actual  condition  of  the  school  in  every 
j'egard.  They  shall,  biennially,  beginning  on  the  first  day  of 
July,  1893,  elect  some  suitable  person  outside  of  their  own 
number  as  treasurer,  who,  before  entering  on  his  duty,  shall 
give  bond  in  such  a  sum  as  they  may  prescribe,  and  they  shall 
agree  with  him  as  to  compensation:  Provided,  That  in  no  case 
shall  such  compensation  exceed  one  hundred  dollars  per 
annum. 

§  2.  There  shall  be  maintained  in  said  institution  a 
department  for  the  education  of  colored  students  in  agricul- 
ture and  the  mechanic  arts,  and  for  said  purpose  said  board 
shall  be  entitled  to  receive  an  equitable  division  of  the  moneys 
arising  from  the  sale  of  public  lands,  and  appropriated  to  the 
8tate  of  Kentucky  by  an  act  of  Congress,  approved  August  30, 
1890,  entitled  "An  Act  to  apply  a  portion  of  the  proceeds  of 
public  lands  to  the  more  complete  endowment  and  support  of 
tlie  college  for  the  benefit  of  agriculture  and  the  mechanic 
arts,  established  under  the  provisions  of  an  act  of  Congress," 
approved  July  2,  1862. 

§  3.  Said  board  shall  prescribe  the  course  of  study  for  the 
said  normal  school;  shall  select  the  instructors  and  fix  their 
salaries,  and  shall  determine  the  conditions,  subject  to  the 
limitations  hereinafter  specified,  on  which  pupils  shall  be 
admitted  to  the  privileges  of  the  school. 

§  4.  Any  pupil,  to  gain  admission  to  the  privileges  of 
instruction  in  said  normal  school,  shall  be  at  least  sixteen 
years  of  age,  possess  good  health,  satisfactory  evidence  of 
good  moral  character,  and  sign  a  written  pledge,  to  be  filed 
Avith  the  principal,  that  said  applicant  will,  as  far  as  practi- 
cable, teach  in  the  colored  common  schools  of  Kentucky  a 
period  equal  to  twice  the  time  spent  as  a  pupil  in  said  normal 
school,  together  with  such  other  conditions  as  the  board  may, 
from  time  to  time,  impose.     But  no  such  pledge  shall  be 


STATE  NORMAL  SCHOOL  FOR  COLORED  PERSONS.  137 

required  of  ijupils   who  matriculate  in  the  departments  of 
agriculture  or  mechanics. 

§  5.  Tuition  in  the  said  normal  school  sliall  be  free  to  all 
colored  residents  of  Kentucky  who  fulfill  the  conditions  as 
set  forth  in  the  preceding  section,  and  such  other  conditions 
as  the  board  may  require.  The  board  shall  fix  the  rate  of 
tuition  and  the  conditions  on  which  pupils,  who  are  residents 
of  Kentucky,  may  be  admitted  to  the  privileges  of  said  normal 
school. 

§  6.  Xo  religious  tenets  shall  be  taught  in  said  normal 
school,  but  a  high  standard  of  Christian  morality  shall  be 
observed  in  its  management,  and,  so  far  as  practicable,  shall 
be  inculcated  in  the  minds  of  the  pupils. 

§  7.  The  board  shall,  in  a  body  or  by  a  majority  of  their 
number,  visit  said  normal  school  once  during  each  session, 
witness  the  exercises,  and  otherwise  inspect  the  condition  of 
said  school,  and  they  shall  make  a  biennial  report  to  the 
Legislature,  setting  forth  the  financial  and  scholastic  condi- 
tion of  said  normal  school,  making  such  suggestions  as  in  their 
opinion  would  improve  the  same,  and  in  the  years  in  which 
there  is  no  session  of  the  Legislature,  they  shall  make  their 
report  to  the  Governor. 

§  8.  The  sum  of  |3,000  shall  be  annually  appropriated  out 
of  the  State  Treasury  to  pay  the  teachers  and  defray  other 
necessary  expenses  in  the  maintenance  of  said  normal  school, 
which  amount,  together  with  the  sum  received  under  the 
provisions  of  said  act  of  Congress,  shall  be  set  apart  and 
be  known  and  held  as  the  colored  normal  school  fund.  This 
fund  shall  be  paid  out  of  the  State  Treasury  only  on  the 
warrant  of  the  Auditor,  drawn  on  the  order  of  the  board. 

§  9.  The  board  is  authorized  to  grant,  from  time  to  time, 
certificates  of  proficiency  to  such  pupils  as  «hall  have  com- 
pleted the  prescribed  course  of  study  in  any  department  of  the 
institution,  and  whose  moral  character  and  disciplinary 
relations  to  said  school  shall  be  satisfactory.  And  such 
teachers  as  shall  have  completed  the  prescribed  course  of 
study  in  the  normal  department,  and  exhibited  satisfactory 
evidence  of  ability  to  instruct  and  manage  a  school,  shall  be 
entitled  to  diplomas  appropriate  to  such  degrees  as  the  board 


138      ASSESSMENT  OF  AND  PAYMENT   OF  TAXES   BY  RAILROADS. 

shall  confer  upon  tliem,  wliich  diplomas  shall  entitle  them  to 
teach  in  any  of  the  colored  common  schools  of  this  State. 

§  10.  All  acts  in  conflict  with  the  provisions  of  this  act  are 
hereby  repealed. 

§  11.  By  reason  of  unnecessary  expenses  attached  to  the 
present  management  of  said  school,  an  emergency  is  hereby 
declared  to  exist  for  the  immediate  taking  effect  of .  this  act; 
it  shall,  therefore,  take  effect  upon  its  approval  by  the 
Governor. 

Approved  May  22,  1893. 


XI.      ASSESSMENT    OF    AND    PAYMENT    OF    TAXES    BY 
RAILROADS. 

[Article  IV.  of  the  Revenue  Law  of  1802.] 

§1.  That  the  president  or  chief  officer  of  each  railroad 
company,  or  other  corporation  owning  or  operating  a  railroad 
lying  in  whole  or  in  part  in  this  State,  shall,  on  or  before  the 
first  of  September  in  each  year,  return  to  the  Auditor  of  Pub- 
lic Accounts  of  the  State,  under  oath,  the  total  length  of  such 
railroad,  including  the  length  thereof  beyond  the  limits  of  the 
State,  and  designating  its  length  within  this  State,  and  in 
each  county,  city,  incorporated  town  and  taxing  district 
therein,  together  with  the  average  value  per  mile  thereof, 
and  in  the  respective  counties,  cities,  incorporated  towns  and 
taxing  disti'icts-  therein,  together  with  the  average  per  mile 
thereof,  for  the  purpose  of  being  operated  as  a  carrier  of 
freight  and  passengers,  including  engines  and  cars,  and  a  list 
of  the  depot  grounds  and  improvements,  and  other  real  estate 
of  the  said  company  and  the  value  thereof,  and  the  respective 
counties,  cities,  and  incorporated  towns  in  which  the  same  are 
located.  That  if  any  of  said  railroad  companies  owns  or  oper- 
ates a  railroad  or  railroads  out  of  this  State,  the  president  or 
chief  officer  of  such  company  shall  only  be  required  to  return 
such  proportion  of  the  entire  value  of  all  its  rolling  stock  as 
the  number  of  miles  of  its  railroad  in  this  State  bear  to  the 


ASSESSMENT   OF   AND   PAYMENT   OF  TAXES   BY   RAILROADS.       139 

whole  number  of  miles  operated  by  said  company  in  and  out  of 
this  State.  Said  report  shall  be  made  as  of  the  first  day  of 
July,  and  a  failure  to  file  said  report  by  the  first  day  of  Septem- 
ber shall  subject  the  president  or  chief  officer  residing  in  this 
State  to  a  fine  of  one  thousand  dollars,  and  fifty  dollars  for 
every  day  after  the  first  day  of  September  that  he  fails  to  file 
said  report,  to  be  recovered  as  indicated  by  section  nine  of  this 
article. 

§  2.  Should  any  railroad,  or  part  of  a  line  of  a  railroad,  in 
this  State  be  in  the  hands  or  under  the  control  of  a  receiver 
or  other  person,  by  order  or  decree  of  any  court  in  this  or  any 
other  State,  it  shall  be  the  duty  of  such  receiver  or  other  per- 
son to  make,  under  his  oath,  the  returns  and  valuations  re- 
quired by  the  first  section  of  this  article;  and  should  the  presi- 
dent or  chief  oflScer  of  any  railroad  company,  or  such  receiver 
fail  to  make  said  returns  and  valuations  on  or  before  the  first 
day  of  September  in  each  year,  the  said  auditor  shall  proceed 
and  ascertain  the  facts  and  values  required  by  this  article  to 
be  returned,  and  in  such  manner  and  by  such  means  as  he  may 
deem  best,  and  at  the  cost  of  the  company  failing  to  make  the 
returns  and  values. 

§  3.  The  Auditor  shall  lay  before  the  Railroad  Commis- 
sion, on  or  before  the  first  day  of  October,  the  returns  made  to 
him  under  this  act,  and  any  schedules  and  valuations  he  may 
have  made  under  the  second  section  of  this  article;  and  should 
the  valuations,  or  any  of  them,  in  the  judgment  of  said  board 
be  either  too  high  or  too  low,  they  shall  correct  and  equalize 
the  same  by  a  proper  increase  or  decrease  thereof.  Said 
board  shall  keep  a  record  of  their  proceedings,  to  be  signed  by 
each  member  present  at  any  meeting;  and  the  said  board 
is  hereby  authorized  to  examine  the  books  and  property  of 
any  railroad  company  to  ascertain  the  value  of  its  property, 
or  to  have  them  examined  by  any  suitable  disinterested  per- 
son, to  be  appointed  by  them  for  that  purpose. 

§  4.  It  shall  be  the  duty  of  the  county  superintendent  of 
common  schools  in  each  county  in  which  a  railroad  is  operated 
to  furnish,  on  or  before  the  first  day  of  eTuly  of  each  year,  to 
such  railroad  company  or  companies,  the  boundary  of  each 
graded  or  common  school  district  through  or  into  which  any 
part  of  such  railroad  or  other  railroad  property  is  situated,, 
and  the  county  clerk  of  any  county  containing  any  other  tax- 


140      ASSESSMENT  OF  AND  PAYMENT   OF  TAXES  BY  RAILROADS. 

ing  district  through  or  into  wliich  any  railroad  is  located  shall 
make  a  s^iniilar  report  to  such  railroad  company.  Any  county 
superintendent  or  county  clerk  failing  to  make  the  report  as 
herein  required,  or  shall  make  a  false  report,  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be  fined 
not  less  than  fifty  nor  more  than  one  hundred  dollars  for  eacli 
offense. 

§  5.*  All  taxes  against  any  railroad  company  Avhich 
shall  be  levied  in  any  common  school  district,  shall  be  paid  to 
the  superintendent  of  common  schools  of  the  county  for  thf' 
benefit  of  the  district  entitled  thereto. 

§  6.  The  provisions  of  this  law  shall  not  be  construed  to 
apply  to  any  colored  school  district:  Provided,  That  the  sami^ 
rate  of  taxation  assessed  against  the  real  estate  of  any  rail- 
road company  or  corporation  in  any  graded  common  school 
district  or  common  school  district,  in  any  year,  shall  be  assess- 
ed against  all  the  taxable  property  in  such  district,  and  the 
railroad  tax,  when  collected,  shall  be  paid  over  to  the  county 
superintendent  of  the  county  in  which  the  district  schoolhous? 
wherein  the  tax  assessed  shall  be  situated,  and  shall  consti- 
tute and  be  held  by  the  county  superintendent  as  a  graded  or 
common  district  school  fund;  and  the  said  fund  shall  be  ap- 
portioned and  distributed  by  the  county  superintendent 
between  the  white  gTaded  common  school  or  white  common 
school  district  wherein  said  tax  shall  be  collected,  and  any 
colored  common  school  district  which  shall  be  located  over  the 
same  boundary;  the  distribution  shall  be  in  the  ratio  that  the 
whole  number  of  white  children  of  pupil  age  and  the  whole 
number  of  colored  children  of  pupil  age  residing  in  the  district 
shall  bear  to  the  whole  number  of  children,  white  and  colored, 
residing  in  the  district  wherein  such  tax  shall  be  collected. 

§  7.  The  same  rate  of  taxation  for  State  purposes,  which  is, 
or  may  be,  in  any  year  levied  on  other  real  estate  shall  be,  and 
is  hereby,  levied  upon  the  value,  so  found  by  said  board,  of  the 
railroad,  rolling  stock  and  real  estate  of  each  company;  and 
the  same  rate  of  taxation  for  the  purposes  of  each  city,  town, 
eounfy,  part  of  county,  or  tax  district  of  any  kind  in  which 
any  portion  of  any  railroad  is  located,  which  is,  or  may  be,  in 
any  year,  levied  on  other  real  estate  therein,  shall  be,  and  is 


♦The  Attorney- General  holds  that  this  section  has  been  superseded  by  Sec- 
tion 79  of  School  Laws,  approved  March,  1894. 


ASSESSMENT   OF  AND   PAYMENT   OF  TAXES   BY  RAILROADS.       141 

hereby,  levied  on  the  value  of  the  real  estate  of  said  company 
therein,  and  the  number  of  miles  of  such  road  therein, reckoned 
as  of  the  value  of  the  average  of  each  mile  of  such  railroad, 
with  its  rolling  stock,  ascertained  as  aforesaid:  Provided, 
That  railroad  bridges  spanning  any  river,  which  constitutes 
the  boundary  or  State  line  of  the  Commonwealth,  shall  be  as- 
sessed as  of  the  counties  in  which  they  are  located,  and  local 
tax  derived  therefom  shall  be  ajjplied  to  each  city,  town, 
county  or  tax  district  in  which  said  bridges  are  or  may  be  lo- 
cated; and  immediately  after  the  said  board  shall  have  com- 
pleted its  valuations  each  year,  the  Auditor  of  Public  Ac- 
counts shall  notify  the  clerk  of  each  county  court  of  the 
amount  so  assessed  for  taxation  in  his  county,  and  each  rail- 
road company  of  the  amount  of  its  assessment  for  taxation  for 
State  purposes  and  for  the  purposes  of  such  city,  town,  county, 
part  of  county  and  tax  district.  And  all  existing  laws  in  this* 
State  authorizing  the  assessment  and  taxation  of  the  property 
of  railroad  companies  by  counties,  cities  or  incorporated 
towns,  are  hereby  repealed,  and  no  county,  city  or  incorpor- 
ated town  in  this  State  shall  hereafter  assess,  levy  or  collect 
any  taxes  on  the  property  of  railroad  companies  in  this  State 
except  as  provided  by  this  article. 

§  8.  All  taxes  assessed  against  any  railroad  company 
siiall  be  due  and  payable  thirty  days  after  notice  by  mail  of 
the  assessment  as  given  by  the  auditor,  and  every  such  com- 
pany failing  to  pay  its  taxes  after  receiving  such  thirty  days' 
notice  of  the  amount  of  such  tax  shall  be  deemed  delinquent, 
and  a  penalty  of  ten  per  cent,  on  the  amount  of  the  tax  shall 
attach,  and  thereafter  such  tax  shall  bear  interest  at  the  rate 
of  ten  per  cent  per  annum.  Any  railroad  company  failing  to 
pay  its  taxes,  penalty  and  interest,  after  becoming  delinquents 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction, 
shall  be  fined  fifty  dollars  for  each  day  the  same  remains  un- 
paid, to  be  recovered  by  indictment  or  civil  ac-tion,  of  which 
the  Franklin  Circuit  Court  shall  have  jurisdiction. 

§  9.  Taxes,  penalties  and  interest  due  the  Commonwealth 
from  any  railroad  company  may  be  recovered  by  the  Auditor 
of  Public  Accounts,  by  action  in  the  name  of  the  Common- 
wealth, in  the  Franklin  Circuit  Court;  and  those  due  any  coun- 
ty, city,  incorporated  town  or  taxing  district  may  be  recov- 
ered by  the  officer  authorized  to  receive  the  same,  by  action 
in  the  name  of  the  Commonwealth  in  any  court  of  competent 
jurisdiction. 


142  COUNTY  SEMINARY  PROPERTY. 


XII.      COUNTY  SEMINARY  PROPERTY. 

AN  ACT  to  authorize  Trustees  of  County  Seminary  property  and  School  prop- 
erty owned  or  held  in  trust  by  Trustees,  by  a  majority  of  their  Board,  to 
dispose  of  same  to  Trustees  of  Common  School  Districts,  embracing  same. 

Be  it  enacted  hy  the  General  A.ssemhly  of  the  ComnwnneaUh  of 
Kentucky:  §  1.  That  the  trustees  of  any  county  seminary 
property,  by  a  majority  of  their  board,  the  county  court  con- 
senting, are  hereby  authorized  and  empowered  to  sell,  trans- 
fer and  convey  by  deed,  the  title  in  and  to  said  seminar\^  prop- 
erty, or  otherwise  dispose  of  it  as  to  them  may  seem  best,  to 
the  trustees  of  common  school  districts  in  which  said  sem- 
inary property  is  embraced,  on  such  terms  and  conditions  as 
may  be  agreed  upon  by  both  parties:  Provided,  When  county 
seminary  property  shall  be  donated  or  appropriated  all  pupils 
of  the  county  shall  be  permitted  to  attend  such  school  at  re- 
duced tuition  from  what  is  ordinary,  as  shall  be  equitable,  and 
make  good  to  them  their  interest  in  said  seminary  property. 

§  2.  When  any  common  school  district  embraces  any 
school  property  owned  or  held  in  trust  by  trustees,  said  trus- 
tees are  hereby  authorized  and  empowered,  by  a  majority 
of  their  board  to  sell,  transfer  and  convey  the  title  in  and 
to  said  property  to  the  trustees  of  said  common  school  district 
at  such  price  and  on  such  terms  as  may  be  agreed  upon  by 
both  parties. 

§  3.  Whereas,  there  are  many  common  school  districts  in 
the  different  counties  of  this  State,  embracing  county  sem- 
inary property  and  school  property  owned  or  held  in  trust  by 
trustees,  the  trustees  of  which  are  very  anxious  to  dispose  of 
to  the  trustees  of  common  school  districts,  therefore,  it  is  de- 
clared that  an  emergency  exists,  and  that  this  act  shall  go 
Into  effect  from  and  after  its  passage. 

.  Approved  March  17,  1896. 


HOW  TO  INCORPORATE  SCHOOLS  AND  COLLEGES.  143 


XIII.      HOW  TO  INCORPORATE  SCHOOLS  AND  COLLEGES. 


AN  ACT  to  provide  for  the  orgamzation  of  Eleemosynary  and  Educational  In- 
stitutions. 


Be  it  enacted  by  the  General  Assembly  of  the  Commomcealth  of 
Kentucky:  §  1.  Any  number  of  persons  may  associate  to  form 
a  corporation,  society,  or  association,  having  no  capital  stock, 
for  religious,  charitable,  educational,  or  any  other  lawful  pur- 
pose, from  which  no  private  pecuniary  profit  is  to  be  derived. 
Such  persons  shall  sign  articles  of  incorporation,  and  the  same 
shall  be  filed  in  the  office  of  the  Secretary  of  State,  and  record- 
ed in  the  county  clerk's  office  of  the  county  where  the  princi- 
pal place  of  business  of  the  incorporation  is  located.  The 
articles  shall  set  forth  the  name  of  the  proposed  corporaition, 
society  or  association,  which  shall  not  be  the  name  of  any  ex- 
isting corporation,  and  the  object  for  which  it  is  formed,  and 
such  other  facts  as  the  signers  of  the  articles  deem  proper  to 
mention. 

§  2.  When  the  articles  are  filed  and  recorded  as  provided 
and  a  certificate  of  that  fact  is  issued  by  the  Secretary  of 
State,  the  signers  of  the  articles,  their  associates  and  success- 
ors, shall  be  a  body-corporate  and  politic,  and  by  the  name 
selected  shall  have  the  right  to  sue  and  be  sued,  contract  and 
be  contracted  with,  have  and  use  a  common  seal,  and  alter  the 
same  at  pleasure;  and  to  receive  and  hold  such  property,  real 
and  personal,  whether  obtained  by  purchase,  gift,  or  devise, 
as  may  be  necessary  to  carry  on  or  promote  the  objects  of  the 
corporation,  society,  or  association,  and  may  sell  or  dispose 
of  such  property  at  pleasure,  unless  the  property  has  been  re- 
ceived, as  a  gift  or  devise  for  some  special  purpose,  and  if  so  re- 
ceived, it  shall  be  used  and  applied  only  for  such  purpose. 

§  3.  Corporations,  associations  or  societies  organized  un- 
der this  act  may  adopt  such  rules  for  their  government  and 
operation,  not  inconsistent  with  law,  as  the  directors,  trustees 
or  managers  deem  proper,  but  shall  not  be  operated,  managed 
or  used  for  private  gain,  or  engage  in  any  plan  or  scheme  of 
Thanking  or  insurance. 


144  HOW  TO   INCORPORATE  SCHOOLS   AND   COLLEGES. 

§  4.  Existing  corporations,  associations  or  societies  here- 
tofore incorporated  or  chartered,  and  not  operated,  managed 
or  used  for  private  profit,  and  such  as  may  become  organized 
under  this  act,  may,  by  consent  of  two-thirds  of  tlie  direc- 
tors, managers  or  trustees,  amend  any  part  of  the  cliarter  or 
articles  of  incorporation  by  filing  and  recording  the  amend- 
ment in  the  manner  herein  provided  for  filing  and  recording- 
original  articles. 

§  5.  Corporations,  associations  or  societies  organized  un- 
der this  act  shall  not  be  subject  to  any  of  the  laws  relating  to 
corporations  having  a  capital  ^ock,  or  organized  for  pecu- 
niary profit,  except  that  requiring  an  agent  on  whom  process 
may  be  executed,  but  shall  at  all  times  be  subject  to  visitation 
by  the  Legislature. 

§  6.  In  view  of  the  fact  that  one  or  more  of  the  existing  in- 
stitutions affected  by  this  act  desire  to  reorganize  at  once  un- 
der its  provisions,  therefore,  an  emergency  exists,  and  this 
act  shall  take  effect  from  its  passage. 

Approved  Marcli  22,  1892. 


APPEISDIX. 


Abstracts  of  Decisions  of  the  Court  of  Appeals  and  of  the 

Superior  Court  Bearing  on  the  Common  School 

Laws;  aiso  of  Attorney 'Generates  Opinions, 


1.  ''What  are  Common  Schools  f' — The  school  fund  can  not 
be  applied  by  the  Legislature  to  any  schools  except  those  act- 
ually taught  by  teachers  qualified  according  to  law  to  teach 
in  districts  laid  out  by  authority  of  the  school  laws,  and  under 
the  control  of  trustees  elected  under  those  laws,  which  all 
white  children  in  the  district  within  a  specified  age  are  priv- 
ileged to  attend.     1874.  Collins  v.  Henderson,  &c.,  11  Bush,  74. 

2.  Power  of  2'rustces  to  fix  Time  of  Election  for  Ch^ade  Com- 
mon School. — The  statute  fixed  a  day  for  submitting  the  ques- 
tion to  the  voters,  but  further  provided  that  the  trustees 
should  have  power  to  open  a  poll,  not  oftener  than  once  a 
year,  upon  the  question  of  establishing  the  graded  school, 
and  for  the  election  of  trustees,  until  the  same  should  be 
adopted.  Held — that  the  trustees  had  the  power  to  fix 
the  time  for  holding  any  election  after  the  first  one,  provided 
they  did  not  open  a  poll  oftener  than  once  a  year.  83  Ken- 
tucky ReportSj  49. 

3.  Curative  Statutes. — Any  mere  irregularities  in  the  elec- 
tion under  the  statute  the  Legislature  had  the  power  to  cure 
by  a  subsequent  statute  ratifying  the  election  and  the  acts  of 
the  trustees  thereunder. 

4.  Same. — A  curative  statute  is  valid  if  it  merely  dis- 
penses with  that  which  might  have  been  dispensed  with  by 
the  Legislature  at  the  outset,  or  if  it  treats  as  immaterial  that 
which  the  prior  law  might  have  treated  as  immaterial.  1889. 
Williamstown  Graded  Free  School  District  v.  Webb,  &c.,  89 
Kentucky  Reports,  265. 

[10] 


146 


APPENDIX— ABSTRACTS    OF    DECISIONS,    ETC. 


5.  Normal  Schools. — No  appropriation  for  the  support  of 
normal  schools  can  be  constitutionally  made  out  of  the  school 
fund.     1874.     Collins  v.  Henderson,  &c.,  11  Bush,  75. 

6.  Taxation. — In  general,  taxation  must  be  equal  and  uni- 
form, but  where  the  benefits  are  special  and  peculiar,  those 
alone  who  receive  the  benefits  may  be  made  to  pay  the  tax. 
1874.     Marshall  v.  Donovan,  &c.,  10  Bush,  691. 

7.  Taxation — Irregularity  in  FAection. — Where  a  tax  in  aid 
of  common  schools  has  been  imposed  pursuant  to  an  elec- 
tion held  for  that  purpose,  the  burden  is  on  the  tax-payer, 
who  resists  the  collection  of  the  tax,  to  shoAV  that  it  is  void. 
A  mere  irregularity  in  conducting  the  election  will  not 
authorize  the  chancellor  to  interpose.  1881.  Trustees,  &c.,  v. 
Garvey,  MS.  Opinion. 

8.  Definiteness. — A  tax  of  twenty-five  cents  on  the  hundred 
dollars  is  sufficiently  definite.     Ih. 

9.  School  Tax — Notice  of  Vote. — It  is  not  necessary  that  a 
notice  of  the  time  and  object  of  a  vote  upon  a  school  tax 
should  be  signed  by  all  the  Trustees  of  the  District.  A  sign- 
ing by  the  Chairman  of  the  Board  of  "Trustees"  is  a  signing 
by  the  trustees  within  the  meaning  of  the  statute.  1886. 
Frederick  v.  Kagland,  7  Ky.  Law  Eep.,  743. 

10.  Common  Schools — Taxation. — An  act  of  the  Legislature 
authorizing  a  particular  district  to  vote  a  tax  in  aid  of  the 
common  school  fund,  in  order  that  the  school  may  be  taught 
the  entire  year,  or  the  higher  branches  of  education  brought 
within  reach  of  all  the  children,  is  not  in  violation  of  the 
Constitution,  State  or  Federal.  Nor  is  the  teaching  of  the 
liigher  branches  of  learning  in  violation  of  the  common  school 
law  of  the  State.  1887.  Newman  and  others  v.  Thompson, 
9  Ky.  Law  Eep.,  199. 

11 — 1.  Selection  of  Site  for  Schoolhouse  and  Levy  of  Tax. — If 
the  site  of  a  schoolhouse  is  not  located  by  the  trustees  of  a 
common  school  district,  as  the  law  directs,  a  majority  of  the 
electors  may  appeal  to  the  county  superintendent,  whose 
decision  is  final;  and  as  less  than  a  majority  of  the  electors 
can  not  even  appeal,  it  is  quite  clear  that  they  can  not  on 
the  ground  that  the  site  is  not  where  it  should  be,  enjoin  a 
tax  levied  by  the  trustees. 

2.  Two  Trnstees  are  a  quorum,  and  their  act  is  the  act  of  the 
Board. — Therefore  where  three  trustees  signed  an  order  of 


APPENDIX-ABSTRACTS    OF    DECISIONS,     ETC  1  j^y 

levy,  the  fact  that  one  of  them  did  so  under  a  mistake  of  law 
does  not  invalidate  the  order. 

3.  Conditions  Precedent  to  right  to  order  Z/ew/.— Selection  of 
a  site  for  a  schoolhouse  and  obtaining  a  title  are  not  condi- 
tions precedent  to  the  rights  to  order  a  levy.  1889.  Stiles, 
&c.,  V.  Beall,  &c.,  11  Ky.  Law  Kep.,  486. 

12—1.  Selection  of  Site  for  Schoolhouse — Poicers  of  County 
Snperintendent,— The  county  superintendent  of  schools,  in 
hearing  an  appeal  from  the  decision  of  the  trustees  of  a  school 
district  in  the  selection  of  a  site  for  a  schoolhouse,  acts  in  a 
judicial  capacity,  and,  like  other  judicial  officers,  may  recon- 
sider his  judgment  if  it  is  made  manifest  to  him  that  it  is 
erroneous,  provided  it  is  done  within  a  reasonable  time,  and 
before  rights  have  been  acquired  under  his  previous  decision. 

2.  Same. — The  decision  of  the  county  superintendent  is 
conclusive,  and  can  not  be  disturbed  by  court  except  upon 
the  ground  that  he  was  influenced  by  improper  motives.  1890. 
Brinsore  v.  Cottenham,  &c.,  Ky.  Law  Kep.,  720. 

13.  Collection  of  Tax  to  Build  a  Schoolhouse,  etc, — 1.  Under 
the  present  school  law  the  trustees  of  a  common  school  dis- 
trict may  order  the  collection  of  a  tax  to  build  or  repair  a 
schoolhouse  without  submitting  the  question  to  the  voters 
of  the  district,  but  it  is  a  condition  precedent  of  the  right  to 
order  the  tax  that  it  is  necessary  to  build  a  schoolhouse,  or 
that  the  county  superintendent  has  condemned  the  school- 
house,  and  that  it  needs  repairing. 

2.  The  Legislature  has  the  constitutional  power  to  author- 
ize the  trustees  of  a  school  district  to  order  the  collection  of 
a  tax,  not  to  exceed  a  certain  sum,  without  submitting  the 
question  to  a  popular  vote.  While  the  Iiegislature  muvst  al- 
ways prescribe  the  rule  under  which  the  taxation  is  imposed, 
and  can  not  refer  this  power  to  another  body,  yet  having  pre- 
scribed the  rule  it  need  not  ^x  the  exact  sum  to  be  raised  or 
the  particulars  of  the  expenditure.  1889.  Macklin,  &c.,  v. 
Trustees  Common  School  District  No.  9,  of  Franklin  County; 
88  Ky.  Eeports,  597. 

14.  Trustees — Employment  of  Teachers. — School  trustees 
have  the  right  to  act  until  their  successors  are  chosen  and 
qualified.  One  of  two  trustees  elected  in  room  of  two  whose 
term  had  expired  declined  to  qualify;  the  other  qualified,  but 
the  commissioner  failing  to  receive  the  evidence  of  his  quali- 


]^48  APPENDIX— ABSTRACTS    OF    DECISIONS,     ETC. 

Hcatioii,  appointed  two  others  in  tlieir  stead.  Held— That  a 
teacher  employed  by  two  of  the  former  Trustees,  and  the 
newly  elected  Trustee  who  had  been  qualified,  was  entitled 
10  the  school  money,  and  not  a  teacher  employed  by  the 
Trustees  appointed  by  the  Commissioner,  and  there  being  an 
old  schoolhouse  and  a  new,  it  is  immaterial  that  the  former 
taught  in  the  old  house  and  the  latter  in  the  new.  1884. 
Cravens  v.  Purns,  by,  &c.,  5  Ky.  Law  Rep.,  602. 

15.  Suit  by  Trustees. — The  trustees  of  a  school  district  as 
such  may  maintain  an  action  for  the  recovery  of  school  prop- 
erty, but  it  is  proper  that  they  should  give  their  names.  1884. 
Lewis  V.  Trustees,  &c.,  5  Ky.  Law  Rep.,  767. 

16.  School  Property. — Trustees  of  a  school  district  can  not 
maintain  an  action  to  recover  a  piece  of  ground  given  to 
build  a  schoolhouse  upon  for  the  benefit  of  the  neighborhood, 
a  building  having  been  erected  by  the  neighbors  and  used  as 
a  schoolhouse.  The  patrons  of  the  school,  or  one,  for  all,  must 
.sue.     lb. 

17.  Payment  of  Teachers. — The  collection  of  the  amount 
necessary  to  be  raised,  in  addition  to  the  public  funds  for  the 
payment  of  teachers,  must  be  provided  for  by  the  Trustees  by 
contribution  from  the  patrons  or  otherwise;  and  if  the  Trus- 
tees fail  to  make  this  provision,  they  are  personally  liable 
to  the  teacher  for  the  amount  they  had  agreed  to  pay  him. 
The  teacher  should  have  nothing  to  do  with  the  raising  of  this 
fund.     1867.     Ferguson  v.  True,  &c.,  3  Bush,  257. 

18.  Trustee  Compelled  to  malce  Report. — The  teacher  of  a  dis- 
trict school  may  by  mandamus  compel  the  Trustee  to  make  to 
the  Commissioner  the  report  necessary  to  enable  the  teacher 
to  get  his  wages  from  the  State.  The  fact  that  the  Trustee 
may  be  indicted  for  a  failure  to  report,  and  is  liable  in  dam- 
ages to  any  one  injured  by  the  failure,  does  not  exclude  the 
remedy  by  mandamus.  1885.  Jones,  &c.,  v.  Strange,  MS. 
Opinion. 

19.  Evidence  of  Teacher^s  Employment. — When  a  school  has 
been  taught  as  a  free  school  by  a  person  claiming  to  have 
been  properly  employed,  actually  attended  by  nearly  all  of  the 
children  in  the  district,  visited  and  recognized  as  the  com- 
mon school  by  one  Trustee  without  any  active  opposition 
from  another,  the  evidence  adduced  to  prove  the  employ- 


APPENDIX— ABSTRACTS    OF    DECISIONS,    ETC.  -^^^Q 

ment  should  not  be  subjected  to  the  most  rigid  and  exhaustive 
analysis.     Ih, 

20.  Attachments  of  Teacher^s  Salary. — Money  due  a  common 
school  teacher  can  not  be  attached  in  hands  of  Commissioner. 
1871.  Tracy,  &c.,  v.  Hornbuckle,  &c.,  8  Bush,  336.  1879. 
Allen,  &c.,  V.  Russell,  &c.,  78  Ky.,  116. 

21.  Suit  Against  Trustees. — In  a  suit  by  a  teacher  against 
Trustees  alleging  a  contract  with  all,  no  recovery  can  be  had 
upon  proof  of  a  contract  made  with  a  part  only.  1885. 
Houngan,  &c.,  v.  Phillips,  7  Ky.  Law  Eep.,  150. 

22.  Power  of  Legislature  ove?^  School  Fund. — The  General 
Assembly  has  no  power  to  devote  any  portion  of  the  school 
fund  to  the  payment  of  teachers  not  acting  under  the  con- 
trol or  supervision  of  the  officers  of  the  common  schools.  1872. 
Halbert  v.  Sparks,  9  Bush,  262. 

23.  The  Legislature  can  make  a  school  district,  and  impose 
a  tax  for  school  purposes,  without  submitting  the  question 
to  a  vote  of  the  people  thereof.  Fitzpatrick  v.  Board  of 
Trustees  of  Mt.  Sterling  Public  School  District,  87  Ky.  Re- 
ports, 132. 

24.  Graded  Schools. — Under  the  law,  approved  May  4,  1888, 
a  majority  of  white  voters  in  any  district  must  vote  for 
the  tax  to  make  it  lawful.  A  majority  of  those  voting  is 
not  sufficient.  (The  law  is  different  since  July  6,  1893,  and 
requires  only  a  majority  of  those  voting.)  Kate  Riggs  v. 
Stephens,  Co.  Supt;  and  Garvey  v.  Dulaney,  Ky.  Appellate 
Court,  Dec.  17,  1891. 

25.  Taxation. — Trustees  must  make  a  record  of  all  taxes 
levied  iclien  the  levy  is  ordered,  and  make  a  record  of  every 
step  taken.  Davidson  v.  Sterrett,  Superior  Court,  March,  1892. 

26.  The  Legislature  can  not  Divert  State  Fund  from  a  Common 
School. — A  private  academy  was  authorized  to-  admit  such 
pupils  from  the  common  school  district  as  would  pay  tuition, 
and  then  collect  the  pro  rata  of  these  pupils  from  State 
school  fund;  and  also  to  exempt  such  persons  as  patronized 
tBe  academy  from  strict  taxation.  Held. — That  the  act  was 
unconstitutional  and  void.  Underwood  v.  Wood,  Co.  Supt, 
Ky.  Appellate  Court,  May  5,  1892. 


]^50  APPENDIX-ABSTRACTS    OF    DECISIONS,    ETC. 

27.  District  Taxation. — The  trustees  of  a  school  district 
need  not  see  the  order  of  county  superintendent  in  which  he 
condemns  the  house  of  their  district.  It  is  sufficient  that 
county  superintendent  notifies  them  as  a  condition  warrant- 
ing the  levy  of  a  tax  to  build  a  suitable  house.  The  order  of 
condemnation  need  not  even  be  entered  on  his  record  before 
the  levy  of  the  tax  is  made;  it  is  sufficient  if  done  later.  The 
county  superintendent  is  the  judge  as  to  the  need  of  a  house 
of  furniture,  and  Trustees  must  act  on  notice  from  him.  Trus- 
tees of  District  No.  1,  Barren  County  v.  Jamison,  Ky.  Appel- 
late Court,  January  17,  1891. 

28.  District  Taxation. — 1.  No  other  assessment  than  that 
made  by  the  county  assessor  is  needed  in  order  to  levy  a  dis- 
trict tax. 

2.  The  selection  of  a  site  for  the  house,  and  securing  a 
fee-simple  title,  are  not  conditions  precedent  to  the  levy  of 
a  tax,  and  house  may  be  built  on  leased  land,  if  Trustees  so 
elect  as  for  the  best  interests  of  the  district. 

3.  The  tax  not  being  beyond  that  authorized  by  law,  the 
allegation  that  it  would  produce  $170,  and  that  only  f 80  was 
needed  to  make  the  repairs,  is  not  sufficient  to  justify  the 
injunction.  There  being  a  difference  of  opinion  as  to  the 
cost  of  repairs,  the  opinion  of  the  trustees  must  control. 
Cromwell  v.  Trustees  Dis.  No.  44,  Franklin  county,  Superior 
Court,  June  8,  1892. 

29.  Record  Necessary  to  Determine  the  District  in  which,  a  Tax* 
payer  Belongs. — A  tax  was  voted  in  September,  1882;  Mr.  Bell 
had  acted  as  Trustee  of  the  district  in  1873;  had  sent  his 
child  to  school  there  as  late  as  1878;  had,  before  1873,  asked 
the  County  Superintendent  to  transfer  him  to  said  district, 
and  he  thought  he  had  been  so  transferred,  but  the  County 
Superintendent  had  never  entered  the  change  of  boundary 
on  his  record.  When  the  tax  was  voted.  Bell  claimed  not  to 
be  in  the  district,  and  refused  to  pay  the  tax.  Held — That  he 
never  was  in  the  district,  and  should  not  pay  the  tax.  Abney 
vs.  Bell,  Fleming  County,  Superior  Court,,  Dec.  16,  1885. 

30.  District  Taxation — Residence  of  Minor — Oicner  of  Per- 
sonal Property  Sought  to  he  Taxed. — 1.  The  form  of  the  order 
in  Trustee's  Record  and  the  form  of  the  election  notice  need 
not  be  precisely  identical.  It  is  sufficient  that  they  be  the 
same  in  substance. 


APPENDIX— ABSTRACTS    OP    DECISIONS,    ETC.  ;[5| 

2.  The  statute  does  not,  in  a  case  where  aii  election  is  held 
to  vote  a  tax,  and  same  has  been  voted,  require  the  Trustees 
thereafter  to  make  and  enter  in  their  records  a  formal  order 
IcA^ying"  the  tax  voted.  It  is  sufficient  that  they  make  an 
order  appointing  a  collector  of  the  voted  tax.  The  value  of 
I  he  property  in  the  district,  as  assessed  by  the  County  As- 
sessor, is  to  be  used  for  taxation  by  the  district 

3.  Part  of  the  property  taxed  was  a  house  and  lot  in 
Princeton,  Ky.,  and  in  the  district  where  tax  was  levied;  but 
the  greater  part  was  stock,  bonds  and  notes  belonging  to 
minors  and  in  the  hands  of  a  guardian  in  Louisville,  Ken- 
tucky. The  parents  of  minors  had  lived  in  Princeton,  but  re- 
moved to  Texas,  and  thence  to  Tennessee,  where  they  died, 
leaving  three  children.  These  children  went  to  Princeton 
W' here  their  grand  parents  lived.  One  had  been  sent  to  school 
at  Staunton,  Virginia,  and  had  spent  two  vacations  at  Prince- 
ton and  one  in  Texas,  w^here  she  was  engaged  to  be  married; 
the  other  two  had  remained  at  Princeton,  and  their  property 
had  been  taxed  for"  State  and  county  purposes  in  Princeton. 
Held— Tlmt  all  three  were  citizens  of  Princeton  district;  and 
all  their  property  subject  to  taxation  for  school  purposes. 
Glover's  Guardian  vs.  Princeton  School  District,  Superior 
Court,  September,  1892. 

31.  Di.strict  Taxation  to  Enlarge  ^chool-Jiouse. — When  it  is 
ascertained  that  a  school-house  is  too  small  to  accommodate 
the  children  of  the  district,  the  County  Superintendent  can  re- 
quire an  addition  to  be  made  to  it.  No  specific  course  is  re- 
quired to  be  followed  by  the  Superintendent.  His  having 
notified  the  trustees  that  the  house  was  insufiicient  to  ac- 
commodate the  children,  and  that  they  should  make  suitable 
provision  for  their  accommodation,  was  held  to  be  sufficient 
Ratclife,  &c.,  vs.  Dist.  No.  1,  Caldwell  County,  Superior  Court, 
September,  1892. 

32.  District  Taxation  Under  Special  Act  of  Legislature. — A 
tax  of  75  cents  on  each  |100  of  property  value,  and  |5  on  each 
poll  to  erect  buildings  and  maintain  ten  months'  school  in 
the  Kobards  District  having  been  voted  by  the  w^hites,  and 
a  collector  appointed,  ten  tax-papers  proceeded  to  enjoin  the 
trustees  and  collector  from  collecting  tax.  Held—1.  The  act 
does  not  apply  to  negroes  or  their  property,  but  the  whites 
can  not  complain  on  this  account.     2.  The  notices  having  been 


152 


Ari'EXDIX— ABSTUAGTS    OF    DECISIONS,    ETC. 


posted  for  the  time  required,  and  having  set  out  the  object 
of  the  vote  substantially,  they  were  sufficient.  3.  Since  the 
statute  authorized  a  tax,  not  exceeding  seventy-five  cents  to 
each  flOO,  and  a  poll  tax  not  exceeding  |5  to  each  poll,  after 
the  tax  was  voted,  there  was  need  of  an  order  by  the  trus- 
tees, designating  the  amount  of  tax  to  be  collected.  They 
made  this,  but  did  not  enter  it  of  record,  claiming  that  they 
complied  with  this  by  entering  same  on  the  collector's  book,  or 
by  adopting  the  entry  in  the  collector's  book,  and  swearing 
him  to  collect  the  tax  as  entered  in  that  book. 

4.  The  Kobards  District  was  made  up  of  Nos.  33  and  34, 
and  on  the  day  of  election  the  County  Superintendent  of 
Henderson  county  carved  out  of  it  District  No.  75,  and  no 
person  in  his  new  district  voted  on  the  question  of  taxation. 
Held — That  this- did  not  invalidate  the  election  to  have  the 
tax  in  the  Robards  District,  and  that,  therefore  the  tax  must 
be  paid.  The  injunction  was  dissolved.  Eakin  et  al,  tax- 
payers, vs.  Eakin,  Trustee,  et  aL,  Ky.  Appellate  Court,  Oc- 
tober, 1892. 

33.  District  Taxation  of  Corporations, — Eailroad  com- 
l)anies  must  report  to  the  Auditor,  on  or  before  the  first  day 
of  September,  annually,  the  length  of  their  road  in  each  school 
district  in  this  State,  and  its  average  value  per  mile.  Any 
school  district  levying  a  tax  in  any  year  may  tax  all  railroads 
within  its  boundary,  and  all  taxes  are  payable  on  or  before  the 
tenth  day  of  October. 

The  trustees  of  District  83,  Ifardin  county,  having  voted  a 
tax  of  twenty-five  cents  on  each  one  hundred  dollars  of  proper- 
ty value,  and  put  the  tax  list  in  the  hands  of  the  sheriff  to  col- 
lect, and  he  was  authorized  to  collect  the  tax  due  by  the  rail- 
road company  on  so  much  of  the  road  as  lay  in  said  district. 
L.  &  N.  R.  II.  Co.  vs.  Trustees  of  Dist.  83,  Hardin  Co.,  Superior 
Court,  March,  1893.  , 

34.  Kind  of  Titles  Trustees  Should  Have  to  Land. — Trustees 
accepted  the  donation  of  land,  with  reversionary  interest  in 
donor,  in  case  the  land  should  ever  cease  to  be  used  for  school 
purposes;  and  levied  a  tax  to  be  used  to  build  a  schoolhouse 
on  the  land,  but  exempted  the  donor  of  the  land  from  this  tax. 
A  tax-payer  of  the  district  resisted  the  payment  of  his  taxes 
because  the  trustees  had  not  a  fee-simple  title,  and  because 
they  exempted  the  donor  from  taxes.     Held — That  neither 


APPENDIX— ABSTRACTS    OF    DECISIONS,    ETC. 


153 


plea  was  good,  and  he  must  pay  his  taxes.      John  (less  vs. 
Trustees  of  Dist.  25,  Fayette  Co.,  Superior  Court,  April,  1893. 

35.  Power  of  County  Judge  in  Condemning  Land  for  School- 
house.— The  trustees  of  district  7,  Letcher  county,  selected  a 
site  for  schoolhouse;  the  owner  would  not  sell;  they  applied 
to  county  judge  for  writ  to  condemn  the  land  for  school  pur- 
poses; the  owner  answered  that  the  land  was  not  at  the  cen-. 
ter  of  district,  and  was  set  in  fruit  trees  and  in  use  as  an  or- 
chard; the  county  judge  refused  to  issue  a  writ  to  condemn 
the  land,  and  the  trustees  appealed  to  the  circuit  court  and 
asked  for  mandamus  to  compel  the  county  judge  to  issue  the 
writ.  Held — That  the  decision  of  the  County  Superintendent 
as  to  the  site  of  a  schoolhouse,  though  final  as  to  contention  of 
certain  parties  in  the  district,  does  not  affect  the  rights  of  the 
land  owner;  that  the  county  judge,  acting  in  a  judicial  capac- 
ity, had  the  right  to  refuse  the  writ,  and  that  mandamus  was  not 
the  proper  proceedings  to  set  aside  his  decision.  Wright, 
Trustee,  vs.  Baker,  County  Judge,  Kentucky  Appellate  Court, 
May,  1893. 

36.  How  to  Collect  School  District  Taxes  of  Corporations. — 
The  trustees  of  district  No.  7,  Laurel  county,  sought  in  the 
circuit  court  thereof  to  collect  a  tax  of  twenty-five  cents  on 
each  one  hundred  dollars  of  property  value  in  said  district  of 
the  Louisville  &  Nashville  Railroad  Company.  Held — That 
they  must  proceed  according  to  article  3,  chapter  92,  General 
Statutes,  and  amendments  thereto,  adopted  April  2,  1890. 
These  statutes  require:  (1)  That  the  county  superintendent,  in 
his  official  capacity,  shall  furnish  to  the  road  the  boundary  of 
the  district  in  which  the  tract  is  situated.  (2)  The  railroad 
company,  on  or  before  September  1st,  in  each  year,  shall  re- 
port to  the  Auditor  the  length  of  the  road  in  each  school  dis- 
trict, and  the  average  value  of  the  road  per  mile.  (3)  The  Rail- 
road Commissioners  must  equalize  this  reported  value  per 
mile.  (4)  The  Auditor  shall  then  certify  to  the  county  clerk  of 
each  county  court  the  amount  so  assessed  for  taxation  in  his 
county  for  State,  county,  city  and  district  taxation,  and  the 
railroad  company  of  the  amount  of  its  assessment;  and  on  this 
assessment,  so  certified  to  the  County  Clerk,  the  tax  due  any 
district  must  be  estimated. 

Any  petition  to  subject  the  railroad  company  to  taxation 
must  set  out  that  all  these  steps  have  been  taken,  otherwise  it 


I5i 


APPENDIX— ABSTRACTS    OF    DECISIONS,    ETC. 


is  defective.  The  petition  in  this  case  was  dismissed  because 
fatally  defective.  Trustees  of  District  7,  Laurel  County  vs. 
L.  &  N.  K.  R.  Co.,  Superior  Court,  May,  1893. 

37.  Power  of  School  Board  to  Issue  Bonds  Defined. — In  order 
to  issue  bonds  for  more  than  the  income  for  any  year,  a  school 
board  must  submit  the  question  to  a  vote  of  the  district,  and 
two-thirds  of  the  voters  must  favor  it,  or  it  will  be  in  violation 
of  section  157  of  constitution.  City  Council  of  Richmond  vs. 
C.  S.  Powell.     June  16, 1894. 

38.  Elections. — The  petition  provided  for  by  section  100, 
school  law,  to  be  directed  to  the  county  judge  preliminary  to 
the  calling  of  an  election  taking  the  sense  of  the  voters  of  a 
proposed  graded  school  district  upon  the  proposition  whether 
or  not  they  will  vote  an  annual  tax  for  school  purposes,  should 
be  filed  with  the  county  judge  in  term  time,  and  the  election 
therein  provided  for  should  not  be  ordered  till  the  next  regu- 
lar term  of  the  county  court.     99  Ky.,  11. 

39.  Collection  of  School  Tax. — Where  the  officers  appointed 
to  collect  the  taxes  refused  to  serve,  the  courts  have  no  power 
10  enforce  the  collection  of  the  taxes  by  the  appointment  of  a 
receiver. 

40.  School  Taxation. — 1.  The  common  school  law  provides 
that  the  railroad  tax  shall  be  apportioned  between  the  ■white 
and  colored  schools  in  the  same  district,  but  this  provisioli  has 
no  application  to  the  tax  upon  the  property  of  any  other  cor- 
poration. 

2.  In  the  taxation  of  private  corporations  for  the  support  of 
graded  schools  the  stock  owned  by  colored  persons  is  liable  to 
be  taxed  only  for  colored  schools,  and  that  owned  by  white 
persons  only  for  the  white  schools. 

3.  An  agreement  between  the  trustees  of  the  white  and  the 
colored  schools,  respectively,  for  an  apportionment  of  the  taxes 
in  any  other  manner  than  that  required  by  the  school  law  is  a 
nullity.     18  Ky.  Law  Rep.,  103. 

41.  Common  Schools — Property  not  Subject  to  Assessments 
for  Street  Improvements. — 1.  The  property  of  the  Louisville 
School  Board,  held  by  it  for  the  use  of  the  State  to  carry  on  the 
system  of  common  schools  established  under -the  Constitution, 
can  not  be  subjected  to  pay  assessments  for  the  cost  of  street 
improvements,  as  to  subject  it  to  such  assessment  would  be  to 


APPENDIX— ABSTRACTS    OF    DECISIONf^,     ETC. 


155 


appropriate  the  property  to  another  purpose  than  that  of  the 
school  system,  which  is  forbidden  by  the  Constitution. 

2.  LiahiUty  of  City  for  Work  Contracted  for, — The  city  having 
authority  to  contract  for  the  work,  but  no  authority  to  make 
it  a  charge  upon  the  abutting  property  which  belonged  to  the 
school  board,  it  was  liable  to  the  contractor  for  the  cost  of  the 
Avork.     18  Ky.  Law  Eep.,  124. 

42.  1.  School  Trustees. — Failure  to  File  Certificate  of  Qualifica- 
tion.— Forfeiture  of  Office. — The  failure  of  one  who  has  been 
elected  school  trustee  to  return  the  certificate  of  his  qualifica- 
tion to  the  county  superintendent  within  the  time  required  by 
section  74,  school  law,  does  not  work  a  forfeiture  of  his  office. 
While  the  county  superintendent  is  authorized  to  declare  the 
office  vacant  for  such  failure,  yet  he  may  still  recognize  the 
trustee  as  such  if  he  has  in  fact  taken  oath,  and,  if  he  does,  no 
vacancy  exists. 

2.  Same. — Even  if  the  failure  to  return  the  certificate  work- 
ed a  forfeiture  the  predecessor  of  the  trustee,  who  had  thus 
forfeited  his  office,  would  have  no  authority  to  act  unless  ap- 
pointed by  the  county  superintendent  to  fill  the  vacancy.  18 
Ky.  Law  Rep.,* 534. 

43.  1.  Common  Schools. — Contested  Flection  of  Trustee. — The 
county  school  superintendent  has  no  authority  to  determine  a 
contested  election  for  school  trustee,  and  jurisdiction  to  do  so 
can  not  be  conferred  upon  him  by  consent  or  agreement  of  the 
parties  interested.  The  jurisdiction  to  determine  such  a  con- 
test is  in  the  County  Board  of  Contest  created  by  section  1534 
of  the  Kentucky  Statutes. 

2.  Same. — Appointment  hy  County  Superintendent. — When 
there  is  a  tie  vote  in  a  race  for  school  trustee,  and  that  fact  is 
certified  to  the  county  superintendent,  there  is  a  vacancy 
which  he  may  fill  by  appointment. 

3.  Same. — In  a  regular  contest  the  county  superintendent 
may  recognize  a  trustee  "among  the  contestants"  until  the  dis- 
pute is  settled. 

4.  Same. — Right  of  Voter  to  Change  Vote  After  it  has  lent  Re- 
corded.— In  cases  of  rlra  voce  voting,  as  in  an  election  for 
school  trustee,where  a  vote  has  been  recorded  and  thevoterhas 
left  the  table  and  other  votes  have  been  cast,  the  voter  can  not 
then  have  the  record  of  his  vote  changed  upon  the  ground  that 


j^gg  APPENDIX— ABSTRACTS    OF    DECISIONS,    ETC. 

by  inadvertence  or  mistake  lie  called  the  name  of  a  candidate 
for  whom  he  did  not  intend  to  vote.     18  Ky.  Law  Rep.,  526. 

44.  School  Trustees, — Damages  for  Breach  of  Promise  to  Em- 
ploy Teacher. — Plaintiff  is  not  entitled  to  recover  damages  on 
account  of  the  refusal  of  defendants  to  reduce  to  writing  and 
sign  an  agreement  which  she  alleges  they,  as  trustees  of  a  com- 
mon school  district,  made  to  employ  her  as  teacher,  it  appear- 
ing that  the  promise  was  made  by  only  two  of  the  three  defend- 
ants, and  that  one  of  them  was  not  at  the  time  of  the  promise 
a  trustee,  and  that  the  other  was  willing  to  complete  the  con- 
tract.    18  Ky.  Law  Rep.,  980. 

45.  1.  School  Census, — The  Superintendent  is  not  estopped 
to  question  the  accurac}^  of  a  census  list  of  school  children  by 
the  fact  that  one  distribution  of  school  fund  has  been  made, 
based  upon  such  list.     43  Southwestern  Reporter,  718. 

46.  School  Elections. — As  the  charter  of  cities  of  the  fourth 
class  does  not  prescribe  the  secret  ballot  in  the  election  of 
members  of  the  board  of  education,  the  voting  should  be  viva 
voce,  and  those  who  are  qualified  to  vote  under  general  law 
may  vote.     1897.     ^3  Southwestern  Reporter,  421. 

47.  District  Treasurer. — Section  76,  School  Law,  does  not 
make  the  book  entry  of  a  school  district  treasurer's  appoint- 
ment the  exclusive  evidence  of  such  appointment,  and  hence 
parol  evidence  is  admissible  for  that  purpose.  1897.  43 
Southwestern  Reporter,  434. 

48.  1.  Removal  of  Trustee. — A  reversal  by  the  Superintend- 
ent of  Public  Instruction  of  an  order  of  the  county  superin- 
tendent removing  a  trustee  from  office  renders  the  action  of 
the  county  superintendent  void,  and  restores  the  trustee  to  all 
his  rights. 

2.  Same. — A  letter  from  the  Superintendent  of  Public  In- 
struction to  the  county  superintendent  showing  that  the 
papers  sent  on  appeal  from  the  decision  of  the  latter  in  remov- 
ing a  trustee,  with  directions  to  grant  a  new  trial,  is  sufficient 
to  show  a  reversal  of  the  decision.     44  Southwestern  Rep.,  102. 

49.  Common  Schools. — State  Fund. — Section  70,  common 
school  law,  provides  that  a  city  which  maintains,  under  spec- 
ial law,  an  adequate  and  free  system  of  schools,  is  entitled  to  a 
portion  of  the  common  school  fund.     Section  71  provides  that 


APPENDIX— ABSTRACTS    OP    DECISIONS,    ETC.  -i  cy 

the  general  law  does  not  affect  special  laws  except  as  to 
teachers  as  specified  in  section  66,  whicdi  section  provides  that 
"no  district  shall  include  more  than  100  pupils,  unless  it  con- 
tains a  city,  *  *  *  *  or  there  be  established  therein  a 
high  school,  academy,  or  college  entitled  to  a  share  of  the  reve- 
nue of  the  common  school  fund,"  in  which  "cases  the  teacher 
or  teachers  of  such  high  school,  academy,  or  college  having 
charge  of  common  school  pupils  shall  hold  certificates  and  be 
subject  to  all  the  common  school  laws."  Held,  that  unless 
teachers  employed  by  a  city  .  maintaining  a  school  system 
under  special  law  conform  to  the  common  school  standards  of 
efficiency,  or  hold  certificates  under  and  are  subject  to  the  com- 
mon school  laws,  the  city  is  not  entitled  to  a  proportion  of  the 
common  school  fund.  19  Ky.  Law  Rep.,  466;  38  S.  W.  Rep., 
1066. 

1.  School  Taw. — Exemption  from  Same. — The  intent  and  spir- 
it of  an  act  of  the  General  Assembly,  providing  for  a  tax  upon 
property  owned  by  white  persons  in  a  designated  territory  for 
the  purpose  of  maintaining  a  graded  school  for  white  pupils, 
is  manifestly  to  tax  all  property  save  that  of  black  persons; 
therefore,  a  corporation  seeking  an  exemption  from  the  tax 
must  show  that  its  corporators  and  stockholders,  who  are  the 
real  owners  and  are  persons  having  color,  are  black  persons. 

2.  Corporation. — A  corporation  is  an  inhabitant  within  the 
meaning  of  an  act  taxing  the  property  of  inhabitants,  and  the 
property  of  corporations  may  be  taxed  under  an  act  which 
authorizes  the  taxation  of  the  property  of  persons.  16  Ky 
Law  Rep.,  283. 

50.  Taxation. — Under  section  157  of  the  constitution,  the 
trustees  of  a  school  district  have  no  authority  to  levy  a  tax  for 
school  purposes  to  an  amount  exceeding  in  one  year  the  in- 
come and  revenue  provided  for  such  year  without  the  assent  of 
two-thirds  of  the  voters  thereof,  voting  at  an  election  to  be 
held  for  that  purpose.  The  exception  in  said  section  for  school 
purposes  applies  only  to  the  rate  of  taxation  which  may  be 
fixed  by  the  legislature.  The  levy  of  a  tax  for  four  years  to 
build  a  school  without  having  submitted  the  question  to  the 
voters  of  the  district  was  illegal  and  section  4440  of  Ken- 
tucky Statutes,  attempting  to  authorize  such  levy  is  unconsti- 
tutional. 1897.  (Commonwealth  vs.  L.  &  N.  R.  R.,  20  Ky. 
Law  Reporter,  1127.) 


258  APPENDIX— ABSTRACTS    OF    DECISIONS,    ETC. 

51.  Taxation, — Railroad  Property, — Under  section  4101, 
Kentucky  Statutes,  providing  for  taxation  of  railroad  prop- 
erty for  the  benefit  of  scliool  districts,  it  is  plain  that  the 
school  tax  upon  railroad  property  can  not  be  levied  unless 
taxes  are  levied  on  the  property  of  white  persons  in  the  same 
district.  It  is  made  the  duty  of  the  County  School  Superin- 
tendent to  apportion  to  the  colored  district  such  a  part  of  the 
fund  as  the  number  of  colored  pupil  children  residing  within 
the  boundary  of  the  white  district  bears  to  the  number  of 
white  and  colored  pupil  children  residing  within  said  boun- 
dary. (1889.  Harrodsburg  Educational  District  No.  28  vs. 
Trustees  of  Colored  School  District  No.  1,  20th  Ky.  Law  Kep., 
1487.) 

52.  Apportionment  of  Taxes  Beticeen  WJdte  and  Colored 
Schools. — The  common  school  law  provides  that  the  railroad 
tax  shall  be  apportioned  between  the  white  and  colored 
schools  in  the  same  district,  but  this  provision  has  no  applica- 
tion to  the  tax  upon  the  property  of  any  other  corporation. 
And  in  the  taxation  of  private  corporations  for  the  support  of 
graded  schools  the  stock  owned  by  colored  persons  is  liable  to 
be  taxed  only  for  the  colored  schools,  and  that  owned  by  white 
persons  only  for  the  white  schools.  And  an  agreement  be- 
tween the  trustees  of  the  white  and  colored  schools  respect- 
ively for  an  apportionment  of  the  taxes  in  any  other  manner 
than  that  required  by  the  school  law  is  a  nullity.  (1896.  Board 
of  Education  of  Somerset  Public  Schools  vs.  Trustees  of  Col- 
ored School  District  No.  1,  Pulaski  County,  18th  Ky.  Law  Kep„ 
103.) 

53.  Contested  FAection  of  Trustees.  —The  (bounty  School  Su- 
perintendent has  no  authority  to  determine  a  contested  elec- 
tion for  school  trustee  and  jurisdiction  to  do  so  can  not  be  con- 
ferred upon  him  by  consent  or  agreement  of  the  parties  inter- 
ested. The  jurisdiction  to  determine  such  a  contest  is  in  the 
county  board  of  contest  created  by  section  1534  of  the  Ken- 
tucky Statutes.  (1890.  Hopkins  vs.  Swift,  18th  Ky.  I^aw 
Hep.,  526. 

54.  Temire  of  Office  of  Trustees. — The  law  which  changed  the 
time  for  election  of  trustees  from  June,  1898,  to  October,  1898, 
provided  that  the  trustees  then  elected  should  not  take  their 
office  until  July  1,  1899.     The  efl'ect  of  the  passage  of  the  act 


APPENDIX— ABSTRACTS    OF  ^iMjCnLSIOi^,  .ETC 


159 


olianging  the  time  of  electing  ti'ustees  was  to  extend  the  term 
of  all  trustees  in  office  July  1,  1898  one  year.  1899.  Swango 
vs.  Rose,  20th  Ky.  Law  Rep.,  1243. 


OPINIONS  OF  THE  ATTORNEY  GENERAL.  3 
I. 

1.  The  right  to  remove  a  county  superintendent  is  made  to 
depend  on  the  existence  of  a  fact.  This  fact  must  exist  before 
the  right  to  remove  attaches. 

2.  As  to  whether  this  fact  exists  or  not,  every  officer  sub- 
ject to  removal  is  entitled  to  be  heard,  before  some  kind  of 
judicial  tribunal. 

3.  The  statute  does  not  give  the  power  to  remove  at  will, 
but  only  after  a  hearing,  and  the  establishing  of  the  fact  con- 
ditional to  removal. 

July,  1886.  P.  W.  HARDIN, 

Attorney-General. 

11. 

1.  It  is  not  the  province  of  executive  or  ministerial  officers 
to  set  aside  laws  enacted  by  the  Legislature  until  declared  un- 
constitutional by  the  courts,  whatever  their  opinions  may  be. 

2.  A  statute  requiring  teachers  to  be  re-examined  while 
holding  certificates  to  teach  is  not  unconstitutional  on  that  ac- 
count. 

3.  The  Legislature  may  require  greater  qualifications,  or 
more  evidences  of  qualifications,  from  any  one  proposing  to 
teach  in  the  common  schools. 

•  4.  Rights  acquired  by  such  certificate  must  be  held  and 
accepted  as  continuing  subordinate  to  the  power  and  duty  of 
the  Legislature  to  act  for  the  public  good. 

October,  1888.  P.  W.  HARDIN, 

Attorney -Gene  rah 


IgQ  API^ENDIX-ABSTRACTS    OP    DECISIONS,    ETC. 


IIL 

1.  The  trustees  of  District  21,  Pendleton  county,  exhausted 
the  three  years'  tax  in  building  a  house,  and  had  a  debt  of 
eighty  dollars  while  the  house  was  still  without  desks. 

2.  The  county  superintendent  had  the  undoubted  right  to 
condemn  the  house  for  repairs  in  the  way  of  furniture,  and 
for  debt,  and  the  trustees  should  thereupon  levy  tax  sufficient 
to  pay  debt  and  pay  for  furniture. 

October,  1891.  WM.  J.  HENDRICK, 

Attorney-General. 


IV. 

1.  Trustees  of  District  No.  20,  Casey  county,  levied  a  tax  to 
buy  school  furniture,  and  exhausted  the  funds  collected,  and 
were  still  forty  (|40)  dollars  in  debt  for  same. 

2.  The  county  superintendent  should  condemn  the  house 
for  repairs,  whereupon  the  trustees  would  be  authorized  to 
levy  a  tax  to  pay  the  debt  contracted  for  repairs. 

3.  Trustees  are  not  personally  liable  on  such  a  contract, 
as  it  is  the  debt  of  the  district. 

October,  1891.  AVM.  J.  HENDRICK, 

Attorney -General. 


V. 

The  County  Court  of  Knox  county  exempted  several  per- 
sons from  paying  poll-taxes  due  the  county,  and  on  this  fact 
they  claimed  exemption  from  paying  poll  taxes  in  a  school 
district. 

Held — That  the  County  Court  of  Claims  has  no  power,  au- 
thority or  jurisdiction  to  grant  exemption  to  any  one,  for  any 
tax,  poll  or  ad  valorem,  under  the  laws  of  Kentucky. 

December,  1891.  WM.  J.  HENDEICK, 

Attorney-General. 


APPENDIX-ABSTIIACTS    OF    DECISIONS,     ETC.  -|  g-j 


VI. 

1.  statutes  in  existence,  when  tlie  new  Constitution  be- 
came the  law  of  the  State,  were  superseded  by  it,  when  there 
was  a  conflict. 

2.  Section  186,  of  new  Constitution,  secures  the  pro  rata 
assigned  to  any  district  for  the  year  ending  June  30,  1892  (the 
year  the  new  Constitution  became  a  law),  when  not  used  that 
year,  to  the  same  district  for  the  year  following,  ending  June 
30,  1893,  and  if  not  used  in  either  year,  it  then  passes  to  the 
Oeneral  School  Fund. 

3.  Any  part  of  the  pro  rata  belonging  to  any  district,  when 
not  used  at  the  end  of  the  school-year  for  which  it  was  design- 
ed, must  be  returned  to  the  State  Treasury,  and  remain  there 
to  the  credit  of  the  district  for  next  year. 

September,  1892.  VVM.  J.  IIENDRICK, 

.  Attorney-General 

VII. 

J.  L.  McDowell  was  elected  county  superintendent  of  Rob- 
ertson county,  November  1,  1892,  to  All  out  the  term  of  one 
elected  in  1890.  Query — At  what  time  shall  he  take  office— 
whether  January  1,  1893,  or  as  soon  as  his  election  has  been 
certified,  and  he  has  qualified  by  giving  bond,  &c.?  Held — 
That  having  been  elected  to  fill  out  part  of  a  term,  he  had  a 
right  to  the  office  as  soon  as  he  got  his  certificate  of  election 
and  executed  bond. 

December,  1892.  WM.  J.  HENDKICK, 

Attorney-General. 

VIII. 

The  trustees  of  a  district  in  Grant  county  owned  a  school- 
house  and  lot  worth  three  hundred  and  fifty  dollars.  The  lot 
was  given  to  the  district  about  1867.  The  donor  has  been 
dead  twenty  years.  Trustees  have  had  possession  of  lot  for 
twenty-five  years,  but  there  is  no  deed  or  writing  of  any  kind 
on  record  to  show  the  nature  of  the  contract.  Trustees  are 
compelled  to  build  a  larger  house  to  accommodate  the  chil- 
dren, and  put  on  another  site.     Question — Do  the  house  and 

[11] 


2g2  ArrEXDIX— ABSTRACTS    OF    DECISIONS,    ETC. 

lot  revert  to  the  heirs  of  the  donor,  or  eau  the  trustees  sell 
same  for  benefit  of  the  district? 

Held — That  having  held  possession  more  than  fifteen  years,, 
the  presumption  is  that  the  trustees  had  a  good  title  at  the 
beginning  and  still  own  the  property,  and  can  sell  same  for 
benefit  of  district;  that  the  heirs  have  no  title  to  the  lot. 

December,  1892.  WM.  J.  HENDRICK, 

Attorney-General, 

IX. 

1.  In  locating  a  schoolhouse,  the  trustees  may  employ  a 
surveyor  if,  in  their  judgment,  it  is  necessary,  and  the  charges 
should  come  out  of  the  fund  for  purchase  of  site  and  for  build- 
ing the  house. 

2.  The  trustees  are  not  required  to  execute  an  indemnify- 
ing bond  to  their  collector  of  taxes. 

January,  1893.  WM.  J.  HENDRIOK, 

Attorney-General 

X. 

In  the  matter  of  changing  graded  school  districts,  either  en- 
larging  the  same  by  adding  new  territory  thereto  or  diminish- 
ing them,  section  4464  Kentucky  Statutes  provides  as  follows,, 
to-wit:  "If  at  any  time,  two  years  having  intervened  since 
such  graded  common  school  district  was  established,  it  be- 
comes desirable  to  change  the  boundary  of  the  same,  it  shall 
be  the  duty  of  the  county  judge,  upon  a  written  petition  signed 
by  the  person  or  persons  desiring  to  be  changed,  who  are  under 
this  law,  legal  voters  in  the  school  district  or  districts  in  which 
they  reside  and  who  at  the  time  own  the  real  estate  sought 
to  be  transferred,  to  make  an  order  on  his  order  book  at  the 
next  regular  term  of  his  court  after  receiving  said  petition, 
fixing  the  new  boundary  of  the  said  graded  or  common  school 
district  as  agreed  on  by  the  county  judge  and  the  petitioners." 

It  seems  from  the  foregoing  language  that  only  the  person 
or  persons  who  desire  to  have  the  district  enlarged  to  embrace 
their  propej'ty  with  its  new  boundaries  shall  make  the  applica- 
tion to  the  county  judge  for  the  enlargement  of  the  district 
and  said  enlargement  shall  not  include  the  real  estate  of  any 
person  other  than  those  who  sign  the  petition. 


APPENDIX— ABSTRACTS    OF    DECISIONS,     ETC.  ]^g3 

There  seems  to  be  no  provision  of  law  wliereb}^  a  graded 
common  school  district  can  be  diminished  by  taking  therefrom 
any  part  of  the  territory  once  embraced  therein.  In  other 
words,  a  graded  common  school  district  may  be  enlarged  by 
extending  its  territorial  limits  but  can  not  be  made  smaller, 
territorially,  by  taking  from  its  original  limits  any  part  of  the 
real  estate  originally  embraced  therein. 

April,  1900.  ROBT.  J.  BEECKINRIDGE, 

Attorney-General. 

XI. 

A  person  who  has  received  a  third  class  certificate  can  not 
receive  nor  hold  another  third  class  certificate.  A  third  class 
certificate  can  be  issued  to  the  same  person  only  once  in  this 
State. 

April,  1900.  ROBT.  J.  BRECKINRIDGE, 

Attorney-General. 

XII. 

The  legal  voters  in  an  election  for  the  purpose  of  establish- 
ing a  graded  common  school  district  under  section  4464  Ken- 
tucky Statutes  are  white  males  over  the  age  of  twenty-one 
years  who  have  resided  in  the  State  one  year,  the  county  six 
months,  and  the  proposed  graded  common  school  district  sixty 
days. 

August,  1900.  ROBT.  J.  BRECKINRIDGE, 

Attorney -General. 


LEGAL  FORMS 


For   School   Officers,  Teachers^  and  Others— Complete  List 
by  Class  and  Number, 


I.     COUNTY  SUPERINTENDENT  WITH  STATE  OFFICE. 

1^0.  1.  Annual  Keport  to  Superintendent  of  Public  In- 
struction. 

No.  2.     Annual  Settlement  with  State.     July. 

No.  3.  Annual  Census  Report  to  Superintendent  of  Pub- 
lic Instruction.     June  1. 

No.  4.  Annual  Keport  to  Railroad  Companies,  of  District 
Boundaries  Containing  any  part  of  Railroad  Track.     June  30. 

No.  5.  Cei'tificate  of  County  Board  of  Examiners  Concern- 
ing Applicants  for  State  Certificate  to  Teach. 

No.  -6.  Certificate  of  County  Board  of  Examiners  Concern- 
ing Applicants  for  Common  School  Diplomas. 

^o.  7.  Order  granting  an  Appeal  to  Superintendent  of 
Public  Instruction  from  Decision  of  County  Superintendent. 

•No.  8.  Transcript  of  Papers,  Evidence,  Exceptions,  etc.,  in 
Cases  Appealed  to  State  Office. 

No.  9.  Appeal  to  State  Board  from  decision  of  Superin- 
tendent of  Public  Instruction. 

No.  10.  Certificate  of  Examiners  as  to  the  condition  of  Ex- 
amination Questions,  etc. 

No.  11.     Requisition  for  Blanks. 

II.   COUNTY  SUPERINTENDENT  WITH  TEACHEBS. 

No.  12.  Requisition  for  Examination  Questions  to  be  made 
twenty  daj^s  before  the  third  Friday  in  May,  June,  July  and 
August. 

No.  13.     Application  for  a  County  Certificate  to  Teach. 

No.  14.     County  Certificate  Issued  to  Teach. 

No.  15.     Certificate  that  Teacher  Attended  the  Institute. 


LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,    ETC.  ]  55 

No.  1(>.  Notice  to  Teacher  that  Charges  have  been  Prefer- 
red against  Him. 

No.  17.  Notice  to  Teacher  to  show  cause  why  he  should  not 
be  suspended  or  removed. 

No.  18.  Order  of  County  Superintendent  Removing 
Teacher. 

No.  19.     Notice  to  Teacher  of  his  Eemoval. 

No.  20.     Iveceipt  for  Money  I*aid  Teacher. 

III.     COUNTY  SUPERINTENDENT  WITH  TRUSTEES. 

No.  21.  Descrii)tion  and  Boundary  of  District. 

No.  22.  Order  Condemning  School-house,  etc. 

No.  23.  Notice  that  School-house  has  been  Condemned. 

No.  21.  Order  appointing  a  Trustee  to  fill  vacancy. 

No.  26.  Notice  of  Proposed  Change  of  Boundary. 

No.  27.  Order  Changing  Boundary. 

No.  28.  Notice  of  Time  and  Place  of  Holding  Institute. 

No.  29.  Notice  to  Trustee  that  Charges  have  been  Prefer- 
red. 

No.  30.  Notice  to  Trustee  to  show  cause  why  he  should  not 
be  removed — no  formal  charges  having  been  preferred  against 
him. 

No.  31.  Order    of    County    Superintendent    removing    a 

Trustee.  i 

IV.     COUNTY  SUPERINTANDENT  WITH  EXAMINERS  AND 

OTHERS. 

No.  35.     Oath  of  Examiner. 

No.  37.  Statement  to  County  Judge  as  to  Books  needed  for 
Indigent  Pupils. 

No.  38.  Receipt  to  County  Judge  for  Books  for  Indigent 
Pupils. 

No.  39.    ,  Subpoena  for  Witnesses. 

No.  40.     Attachment   for  Witnesses. 

No.  41.  Notice  to  another  County  Superintendent  that  a 
fractional  district  will  be  reclaimed. 

V.  TRUSTEES  TO  COUNTY  SUPERINTENDENT. 

No.  42.     Annual  Census  Report  (white).     May  1. 
No.  ,42-a.  Annual  Census  Report  (colored). 


-j^gg  LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,    ETC. 

No.  43.     Annual  Eeport  of  School  Taught. 

No.  44.  Monthly  Report  of  School  taught  and  that  Teach- 
er is  entitled  to  pay. 

No.  45.  Order  of  Trustees  on  Treasurer  or  County  Superin- 
tendent to  pay  money. 

No.  46.  Transferring  Pupils  and  per  capita  to  other  Dis- 
tricts. 

No.  47.  Certificate  that  Trustees  have  been  elected  or  tax 
voted. 

No.  48.     Trustees  filing  Charges  against  Teachers. 

VI.      TRUSTEES  WITH  THE  DISTRICT. 

No.  49.     Order  of  Tax  Levy  for  building,  etc. 

No.  50.  Notice  fixing  Time  for  Payment  of  Taxes  for  build- 
ing, etc. 

No.  51.     Order  of  Tax  Levy  for  Incidental  Expenses. 

No.  52.  Notice  fixing  Time  for  Payment  of  Taxes  for  Inci- 
dental Expenses. 

No.  53.     Notice  as  to  time  and  place  of  County  Institute. 

No.  54.  White  notice  of  an  Election  to  be  held  for  Trustee 
or  Tax. 

No.  54-a.  Colored  notice  of  an  Election  to  be  held  for 
Trustee  or  Tax. 


VII.     TRUSTEES  WITH  OTHERS. 

No.  55.     Certificate  of  Election  given  to  Trustee-elect. 

No.  56.     Notice  calling  a  Meeting  of  Trustees. 

No.  57.     Minutes  of  Meeting  Employing  a  Teacher. 

No.  59.  Notice  to  Parent  that  his  Child  has  been  Expelled 
or  Kestored. 

No.  60.  Notice  to  Teacher  to  show  Cause  why  he  should 
not  be  Suspended  or  Dismissed. 

No.  61.     Notice  to  Treasurer  of  his  Appointment.  . 

No.  62.     Bond  of  District  Treasurer. 

No.  63.  Treasurer's  Receipt  to  Tax  Payer,  63-a,  63-b, 
and  63-c. 

No.  64."  Treasurer's  Annual  Eeport  to  Trustees  and  County 
Superintendent. 

No.  65.  Petition  to  County  Judge  that  Land  be  Condemned 
for  a  school-house  site,  etc. 


LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,    ETC.  ^QJ 

No,  66.  Contract  Leasing  a  Site  for  School-house. 

No.  67.  Proposals  for  Erecting  or  Repairing  School-house. 

No.  68.  Contract  for  Building  a  School-house. 

No.  69.  Bond  for  Performance  of  Contract. 

No.  TO.  Appeal  from  Action  of  Trustees  Locating  a 
School-house. 

No.  71.  Notice  to  Trustee  that  an  Appeal  has  been  taken. 

No.  72.  Oath  of  Trustee  Entering  Office. 

No.  73.  Certificate  of  a  Justice  of  the  Peace  that  a  Trustee 
has  been  sworn  in. 

No.  74.  Charges  Against  a  Trustee  by  a  Citizen  of  the 
District. 

No.  75.  Charges  Against  a  Teacher  by  a  Citizen  of  the 
District. 

No.  76.  Notice  to  Persons  Neglecting  to  Send  Child  to 
School. 

No.  77.  Note  of  Trustees  for  Borrowed  Money. 

VIII.      TEACHERS    WITH    TRUSTEES    AND    COUNTY 
SUPERINTENDENT. 

No.  78.  Monthly  Report  to  Trustee  and  County  Superin- 
tendent. 

No.  79.  Term  Beport  to  Trustee  and  County  Superintend- 
ent. 

No.  80.  Notice  to  Trustee  that  a  Pupil  has  been 
Suspended. 

No.  81.  Inventory  of  Furniture  and  Apparatus  Reported 
to  Trustee  at  close  of  term. 

IX.     GRADED  SCHOOL  FORMS. 

No.  82.  Petition  to  County  Judge  to  Order  an  Election  for 
a  Graded  School. 

No.  83.     Order  of , County  Judge  Filing  the  Petition. 

No.  84.  Order  of  County  Judge  Directing  the  Slierifi  to 
hold  an  Election  for  Graded  Schools. 

No.  85.  Proclamation  of  Sheriff  Advertising  the  Election 
to  be  Held  for  Graded  School. 

No.  86.  Poll  Sheet  and  Certificate  of  officers  holding  the 
Election  for  Graded  Schools. 

No.  87.  Order  of  County  Judge  Declaring  the  Graded 
School  Established  and  Trustees  Elected. 


2gg  LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,    ETC. 

No.  88.  Notice  of  County  SuiDerintendent  to  Trustees 
elected  to  meet  at  a  time  and  place  to  organize. 

No.  89.  Notice  for  an  Election  of  Trustees  First  Saturday 
in  May. 

X.     COUNTY  COURT  AND  SPECIAL  EXAMINERS,  ETC. 

No.  90.  Certificate  to  Superintendent  of  Public  Instruc- 
tion that  some  one  lias  been  elected  Countv  Superintendent. 

No.  91.  Certificate  to  Superintendent  of  Public  Instruc- 
tion that  some  one  has  been  appointed  County  Superintendent 
to  fill  vacancy. 

No.  92.  Certificate  of  County  Clerk  to  Superintendent  of 
Public  Instruction  that  County  Superintendent  has  Executed 
Annual  Bond. 

No.  93.  Certificate  that  Applicants  for  Eligibility  to  be- 
come County  Superintendents  have  been  Examined. 

No.  94.  Certificate  of  State  Board  of  Examiners  that  Cer- 
tain Persons  are  Eligible  as  County  Superintendents. 

No.  95.  Order  of  County  Court  Appointing  a  Commission 
to  Assess  Damages  for  a  Site  for  School-house. 

No.  96.  Report  of  Commissioners  to  Assess  Damages  for 
Site  of  School-house. 

XI.     GENERAL. 

No.  97.     Course  of  Study. 

No.  98.     Daily  Program  for  School. 

No.  99.     Diplomas  for  Graduates  of  the  Common  School. 

No.  100.  State  Certificate  to  Teach. 

No.  101.  State  Diploma  to  Teach. 

No.  102.  Teacher's  Grade  Book. 

No.  103.  Trustees'  Eecord  Book. 

No.  104.  Begulations  for  Libraries. 

No.  105.  Biennial  Beport  of  Superintendent  of  Public 
Instruction. 

No.  100.  School  Laws. 

The  following  numbers  do  not  appear  among  the  Forms  in 
this  volume,  but  are  printed  Blanks  sent  out  by  the  State  office 
on  requisitions  by  County  Superintendents  or  other  proper 
parties : 

Nos.  1,  2,  3,  5,  6,  10,  11, 12, 13,  14,  20,  42,  43,  44,  47,  49,  50,  54, 
54-a,  58,  62,  78,  79,  86,  89,  90,  91,  92,-  93,  94,  97,  98,  99.  100,  101, 
102,  103,  104,  105  and  106. 


LEGAL    FORMS    FOK    SCHOOL    OFFICERS,    TEACHERS,    ETC.  1^9 

(Form  No.  4.) 

Report  of  Boundaries  of  School  Districts  Through  Which  Railroads 

Run.* 

(Art.  IV,  Sec.  4,  Revenue  Law;  School  Law,  page  139.) 
Office  of  Superintendent  Common  Schools. 

County, 

Kv., 190.. 

To  the Railroad  Company. — 

Gentlemen:  As  required  by  the  Revenue  Law  of  Ken- 
tucky, I  report  to  you  the  boundaries  of  common  school  dis- 
tricts (graded  or  ordinary),  througli  which  the 

railroad  is  operated,  in  this  county,  or  such  part  thereof  as 
will  readily  enable  you  to  determine  the  length  of  track  in 

each    district,   as    follows:     The line    (east,  northeast, 

north,  or  northwest,  as  the  case  may  be)  of  district  No. .  .  cross- 
es said  road .  . .  feet .  . .  (north,  south,  and  so  on  as  the  case  may 
be)  oT milepost  No.,  .(taking,  of  course,  the  post  nearest  where 
the  line  crosses,  Avliich  in  every  case  must  be  less  than  one- 
half  mile,  and  being  careful  to  state  which  of  the  two  numbers 
on  the  post  is  used.);  and  the  .  .  .  .line  of  same  (west,  south- 
west, south,  or  southeast)  crosses  the  right  of  way  of  said  road 

feet.  . .  .of  milepost  No In  this  district  there  are,  as 

indicated  above, miles  of  road. 

Respectfullv  submitted, 
.' ,  S.  C.  S. 

(And  thus  with  other  districts.) 


*This  report  should  be  mailed  to  the  officer  or  agent  having  charge  of  the 
company's  business  in  this  State,  in  time  to  reach  him  certainly  by  July  1. 

The  same  form  should  be  used  by  County  Clerk. 


j^YO  LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,    ETC. 

(Form  No.  7.) 

Order  Grmiiiug  An  Appeal, 

Office  of  Superintendent  of  Common  Schools, 


County, 

Ky., 190.. 


,  Appellant, 

vs. 
State  of  Kentucky. 


Order. 


On  the  motion  of ,  an  appeal  to  the  Su- 
perintendent of  Public  Instruction  is  granted  him  from  my 
judgment  in  removing  him  from  teaching  the  common  school 

in  District  (or  from  being  Trustee),  No ,  as  per  record 

in  my  office,  of  which  this  is  made  a  part. 

Given  under  my  hand,  date  above  written. 

\ s.  c  s. 

Note. — The  original  record  or  a  copy  thereof,  will  be  forwarded  to  the 
State  office  by  the  County  Superintendent,  after  minute  of  the  proceedings  had, 
and  copy  of  the  judgment  have  been  entered  in  his  Record  Book. 


(Form  No.  8.) 

County  Stiperintendenfs  Transcript  of  Appeal. 
(Section  34.) 

I, ,  County  Superintendent  of 

County,  State  of  Kentucky,  hereby  certify  that  the  foregoing 
is  a  correct  and  complete  transcript  of  the  records  of  all  pro- 
ceedings had,  the  evidence  given,  and  papers  filed  in  my  office 

and  my  rulings  thereon,  and  my  decision  in  the  case  of 

vs 

This  the day  of ,  190 ,  at ,  Ky. 

Signed, County  Supt. 

Note. — (a)  The  date  of  filing  every  paper  should  be  endorsed  thereon,  all 
motions  made,  the  rulings  of  the  County  Superintendemt,  all  his  orders,  and 
the  substance  of  all  oral  testimony  should  be  reduced  to  writing  at  the  time 
of  trial  and  forwarded  with  the  transcript  of  the  case. 

(6).  The  transcript  of  the  County  Superintendent  will  consist  of  an  exact 
copy  of  the  papers  filed  and  the  endorsements  thereon,  together  with  a  copy  of 
the  substance  of  all  testimony  given,  the  whole  arranged  in  proper  order  as  to 
time,  closing  with  the  decision  of  the  County  Superintendent  in  full,  with  the 
above  certificate  attached. 


LEGAL    FORMS    FOU    SCHOOL    OFFICERS,    TEACHERS,    ETC.  I^l 

(Form  No.  9.) 

Appeal  to  the  State  Board  of  Education  from  Superintendent  of 

Public  Instruction* 

(Section  34.) 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky.,   190... 

John  Doe,  Plaintiff, 

vs. 
Richard  Roe,  Defendant. 

The  defendant  (or  the  plaintiff,  as  the  case  may  be),  prayed 
an  appeal  from  the  judgment  of  the  County.  Superintendent, 
finding  for  the  plaintiff  (or  defendant,  as  the  case  may  be)  in 
the  above-styled  case,  to  the  Superintendent  of  Public  In- 
struction, who  affirmed  said  judgment.  He  now  appeals  from 
said  decision  of  the  Superintendent  of  Public  Instruction  to 
the  State  Board  of  Education,  and  prays  a  reversal  of  the 
judgment,  with  all  proper  relief.  On  motion,  judgment  is  sus- 
pended during  such  time  as  will  be  required  for  a  hearing  of 
the  case.  His  bill  of  exceptions  accompanies  this,  and  will 
be  made  a  part  of  the  record  now  in  the  office  of  the  Superin- 
tendent of  Public  Instruction. 

,  S.  C.  S. 


J 


♦On  receipt  of  this  notice  of  appeal,  with  exceptions  as  referred  to,  the 
Superintendent  of  Public  Instruction  will  convene  the  Board  of  Education  and 
rsubmit  the  record. 


(Form  No.  15.) 

Certificate  of  Attendance  at  Institutes* 

(Section  140.) 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky., 190... 

This  is  to  certify  that has  attended  the  Teach- 

-ers'  Institute  for  this  county  for  the  school  year  ending  June 
^0, 190 .  .,  for  (here  insert  number  of  davs  and  parts  of  days). 

S.  C.  S. 


♦The  Teacher  is  required  to  file  this  with  Chairman  of  Board  of  Trustees 
in  the  district  where  he  contracts  for  school. 


172 


LEGAL    FOKMS    FOlt    SCHOOL    OFFICEHS,    TEACHERS,     ETC. 


(Form  No.  16.) 

^^otice  to  Teacher  that  Charges  Hare  Been  Preferred. 

(Sections  20,  55,  63,  64,  81,  88,  89,  133,  134, 135,  136,  140.) 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky.,   190... 

To , 

Teacher  in  District  No 

You  are  hereby  notified  that  cliarges  of  (here  insert  incom- 
petency, neglect  of  duty,  immoralit}^,  or  other  disqualifica- 
tions, all  or  singular)  have  been  preferred  against  you,  and 
your  removal  (suspension,  as  the  case  may  be)  demanded. 

The  specifications  are  as  follows : 

You  will  take  notice  that  at oYlock,  a.  m.,  on  the 

day  of 190.  .,  the  case  will  be  heard  at  my  office,, 

and  you  will  then  and  there  attend  and  make  such  plea  audi 
proof  as  may  seem  to  you  consistent  with  truth  and  equitj^ 
Entered  of  record,  date  above  written. 

,  S.  C.  S. 


-  .     (Form  No.  17.) 

Notice  to  Teacher  to  Shoiv  Cause  Why  he  Should  not  he  Suspended 
or  Removed — Yo  formal  Charges  Having  been  Preferred, 

(Sections  20,  55,  63,  64,  81,  88,  89,  133,  134,  136,  140.) 
Office  of  Superintendent  of  Common  Schools, 

County, 

Ky.,   190... 


To , 

Teacher  in  District  No '.  . 

You  are  hereby  notified  that  it  appears  to  the  satisfaction 
of  tlje  County  Superintendent,  on  personal  observation,  and 
from  facts  that  have  otherwise  come  to  his  knowledge,  that 
you  are  justly  chargeable  wdth — (here  insert  incompetency^ 


LEGAL    FORMS    FOU    SCHOOL    OFFICERS,    TEACHERS,    ETC.  ITQ 

neglect  of  duty,  immoral  conduct,  or  other  disqualifications, 
all  or  singular  as  the  case  may  be)— specifically  in  this:  That 
(here  set  out  such  acts,  omissions,  etc.,  within  the  Superin- 
tendent's knowledge,  as  are  lield  to  disqualify). 

You  will  take  notice  that  at.  .  .  .o'clock,  a,  m.,  on  the 

day  of ,  190. .,  you  will  appear  at  my  office  and 

show  cause  why  you  should  not  be  remoYe<l  from  having  fur- 
ther charge  of  the  school.* 

.; ,  S.  C.  S. 

*0r  why  your  certificate  should  not  be  revoked,  as  the  case  may  be. 


(Form  No.  18.) 

Judgment  of  County  Superintendent  Removing  Teaclier, 

(Sections  55  and  80.) 

Office  of  Superintendent  of  Common  Schools. 

For County 

State  of  Kentucky, 
vs. 


It   appearing,  from  evidence  produced  before   me  on  the 

day  of 190.  .,  that 

teacher  in  District  No ,  this  county,  is — (here  insert  im- 
moral, incompetent,  or  other  disqualifying  fact  established  on 
trial) — as  charged,  it  is  adjudged  that  he  be  dismissed  from 
further  service  as  teacher  in  said  district,  and  a  vacancy  is 
hereby  declared.     Dated  this day  of ,  190.  . . 

Entered  of  record,  date  above  written. 

,  S.  C.  S. 

Note. — if  the  facts  established  on  trial  are  such  as  to  render  the  accused 
ineligible  to  hold  a  certificate,  the  order  should  declare  certificate  revoked. 


•j^Y^  LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,    ETC. 

(Form  No.  19.) 

'Notice  to  Teacher  of  His  Removal. 

(Sections  55  and  136.) 

Oflfice  of  Superintendent  of  Common  Schools, 

County, 

Ky., 190... 

To , 

Teacher  in  District  No..  ..... 

In  the  matter  charged  by  (here  insert  name  of  accuser), 
after  a  full  hearing  of  pleas  and  evidence,  the  Superintendent 
being  sufficiently,  advised:  It  is  ordered  that  the  charges  be 
sustained,  and  you  are  dismissed  from  employment  as  Teacher 
in  the  District  aforesaid. 

Entered  of  record,  date  above  written. 


.,  s.  c.  s. 


(Form  No.  21.) 

Description  and  Record  of  Boundary. 

The  boundary  of  a  District  shall  be  indicated  substantially 
as  follows,  noting  that  each  farm  house  near  the  lines  be  dis- 
tinctly assigned  to  its  proper  District,  so  that  no  mistake  may 
occur  in  taking  the  census  or  levying  tax.  Residences  along 
the  lines  carry  with  them  for  purposes  of  taxation  and  census 
return,  the  entire  farm  and  tenants  thereon: 

By  virtue  of  authority  vested  in  me  by  Sections  41,  65 
and  66,  School  Law,  I  have  this  day  ordered,  and  entered  of 
record,  that  District  No ,  shall  include  all  the  terri- 
tory and  families  within  the  following  lines :     Beginning  near 

the  residence  of  Tom  Jones,  on  the road,*  so  as  to 

include  him,  and  running  thence  S.  E.,  about  three  miles  to 
the  residence  of  John  Smith,  including  him;  thence  south, 
about  three  miles  to  the  residence  of  John  Doe,  excluding  him; 
Thence  S.  W.  about  four  miles  to creek;  thence 


♦Or  other  natural  or  artificial  object. 


LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,    ETC.  ^75 

with  said  creek  to  tlie  crossing  of  the .road;  thence 

N.  W.  about  three  miles  to  the  residence  of  Richard  Roe,  ex- 
cluding him;  thence  N.  E.  to  the  large  oak  on  top  of  Little^s 
Knob;  thence  straight  to  the  beginning,  except  that  A. 
Lineman  is  excluded.* 

Dated  at ,  Ky., 190. . . 


♦^end  copy  of  order  to  chairman)  of  District  for  entry  in  his  Record  Book, 
and  to  chaiirman  of  each  other  District  affected,  that  he  may  govern  himself 
accordingly. 


(Form  No.  22.) 

Order  Condemning  School-house,  Etc. 

(Section  41.) 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky., 190... 

After  due  investigation  in  the  matter  of  school  house  in 
and  for  District  No. .  . .  . .,  and  by  virtue  of  authority  vested 

in  me  by  law,  the  said  house  is  hereby  condemned  as  unfit  for 
use  as  a  school  house  for  said  district,  and  the  Trustees  there- 
of are  hereby  ordered  to  have  a  new  house  erected  for  said  dis- 
trict.    This  order  is  entered  of  record,  this day  of 

,  190.... 

Signed, ,  S.  C.  S. 


(Form  No.  23.) 

'Notice  of  Condemnation. 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky., 190 

To  Board  of  Trustees,  District,  No 


-*  yg  DEGAL    FOKMS    FOR    SCHOOL    OFFICERS,    TEACHERS,    ETC. 

Gentlemen:  J^y  virtue  of  authority  vested  in  the  County 
Superintendent,  I  have  this  day  condemned  the  school-house 
in  your  District  as  not  in  accordance  with  the  requirements 
of  the  law  and  the  interest  of  the  pupil  children.  You  are 
hereby  directed  to  proceed  under  sections  78  and  79  to  levy 

tax  or  otherwise  provide  means  to* 

and  to  have  the  work  executed  as  soon  as  practicable. 
Entered  of  i;ecord,  under  date  as  above. 

S.  C.  S. 


♦Here  set  out  in  full  what  is  to  be  clone;  as.  to  purchase  site,  to  build,  to 
enlarge,  to  repair,  to  put  in  furniture  or  apparatus,  to  protect  property  by- 
fence,  to  provide  water,  or  any  or  all  of  these. 


(Form  No.  24.) 

Order  Appoinfiiig  Trustees;. 

(Section  74.) 

Office  of  Superintendent  of  Common  Schools, 

-. County, 

Ky.,   190'... 

It  appearing  that  there  is  a  vacancy  in  the  Board  of  Trus- 
tees of  District  No ,  by  reason 

Now,  therefore,  b^^  virtue  of  authority  vested  in  me  by  law,  I 

do  hereby  appoint to  be  and  to  exercise  the 

power  and  the  authority  of  Trustee  in  said  District  No 

until  July  1,  190  .  .  . ,  the  end  of  said  term  and  until  his  succes- 
sor shall  have  been  elected  or  appointed  and  qualified. 


Entered  of  record,  date  above  given. 


.,  s.  c.  s. 


(Form  No.  2i\.) 

Notice  of  Proposed  Change  of  Boundary. 

(Section  41.) 

Office  of  Superintendent  of  Common  Schools, 

:Ky.,   .: ...190... 

To  the  Board  of  Trustees,  District  No 


LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,    ETC.  ^^77 

Gentlemen :     You  are  hereby  notified  that  on  the ....  day 

of ,  190.  .,  at  10  o'clock,  a|  m.,  I  will  hear  argument 

and  consider  petitions  for  and  against  a  change  of  boundary 

line  between  District  Nos and  ....,*  so  that  said  line 

which  now  runs 

shall  be  made  to  run 

or  otherwise,  as  shall  appear  from  information  then  and  there 
or  previously  obtained  to  be  most  in  accordance  with  the 
interests  of  the  districts  to  be  affected.  You  are  requested  to 
make  this  generally  known  among  your  people. 

,  ^5,0.  S. 


*To  be  addressed  to  chainnan  of  each  District  concerned,  to  reach  him  ten 
days  before  the  hearing. 


(Form  No.  27.) 

Order  Ghangmg  Boundary  of  District, 

(Section  41.) 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky.,   190... 

In  the  matter  of  change  of  boundary  between  Districts  No. 

and  No ,  having  duly  examined  petition,  heard 

arguments  and  testimony,  and  being  sufficiently  advised,  it  is 
ordered  that  the  line  between  said  Districts  which  now  runs 

shall  be  changed  to  run  as  follows, 

viz: so  as  to  conform  to  the 

best  interests  of  all  parties,  or  at  least  to  a  large  majority  of 
those  affected  by  the  change. 

Entered  of  record,  date  above  written. 

,  S.  C.  S. 

For   County. 


[12] 


-.  Y8  LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEAOHERS,    ETC. 

(Form  No.  28.) 

Notice  as  to  Time  of  Holding  Institute. 

(Section  143.) 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky.,   ..190... 

To  Trustees  of  Common' Schools: 

Gentlemen:     The  Teachers'  Institute  for  this  county,  for 

the  current  school  year,  will  be  held  at 

beginning  on  the day  of ,  and  continuing 

days. 

Please  to  notify  promptly,  as  the  law  requires,  every 
teacher  in  your  District.  Observe  that  in  addition  to  direct 
oral  or  written  information,  written  notices  are  to  be  posted. 
If  you  have  contracted  with  a  Teacher  who  is  absent  from  the 
county,  it  is  your  duty  to  write  him  or  her  at  once. 

That  you  may  avail  yourselves  of  the  opportunity  of  hear- 
ing and  taking  part  in  the  discussion  of  matters  pertaining  to 
your  office,  you  are  notified  that  (here  insert  day  of  week)  will 
be  Trustees'  Day. 

,  S.  C.  S. 


*'A  cx)py  of  this  notice  will  be  mailed  to  each  Board  of  Trustees  in  the 
county  (addressing  its  chairman),  twenty  days  before  the  Institute. 


(Form  No.  29.) 

Notice  to  Trustees  that  Charges  Have  Been  Preferred  Against  Him, 

Office  of  Superintendent  of  Common  Schools, 

County, 

: Ky., 190... 

To , 

Trustee,  District  .  .  No 

You  are  hereby  notified  that  certain  patrons  of  District  No. 
,  have  charged  you  with  (here  insert  malfeasance,  mis- 
feasance, neglect  of  duty,  immoral  conduct,  or  disqualifica- 
tion, all  or  singular).     Take  notice  that  at  .  .  o'clock,  a.  m.  on 

the  ....  day  of ,  you  will  appear  at  my  office 

to  show  cause  why  you  should  not  be  removed  from  office. 

,  S.  C.  S. 


LEGAL  FORMS  FOR  SCHOOL  OFFICERS,  TEACHERS,  ETC.     ^  79 

(Form  No.  30.) 

Notice  to  Trustee  to  shoic  Cause  Why  he  Should  Not  he  Removed — 
No  Formal  Charges  Having  Been  Preferred  Against  Him. 

(Sections  20,  55,  75  to  95,  135  and  136.) 

Office  of  Superintendent  of  Common  Schools, 


To 


County, 

Ky., 190. 


Trustee  in  District  No 

You  are  hereby  notified  that  it  appears  to  the  satisfaction 
of  the  County  Superintendent,  from  personal  observation  and 
from  facts  that  have  otherwise  come  to  liis  knowledge,  that 
you  are  justly  chargeable  with  (here  insert  misfeasance,  mal- 
feasance, neglect  of  duty  or  immoral  conduct,  all  or  singular, 
as  the  case  may  be) — specifically  in  this:  That  (here  set  out 
such  acts,  omissions,  etc.,  within  the  Superintendent's  know^l- 
edge,  as  are  held  to  work  forfeiture  of  office.) 

You  will  take  notice  that  at o'clock,  a.  m.,  on  the .  . . 

day  of ,  190 .  . . ,  you  will  appear  at  my  office  and 

show  cause  why  you  should  not  be  dismissed  as  provided  in 
Section  55,  School  Law. 

,  s.  c.  s. 


(Form  No.  31.) 

Judgment  for  Removal  of  Trustee  from  Office  for  Misfeasance,  Mal- 
feasance or  Neglect  of  Duty, 

(Sections  55,  88,  89.) 


It  appearing  on  trial  held  before  me,  that . . , 

a  trustee  of  District  No ,  County  of Ky., 

charged  w  ith ,  which  offense  creates  a  for- 
feiture of  his  office,  it  is  adjudged  that  he  be  removed  from  his 
office  of  Trustee  as  aforesaid,  and  said  office  is  hereby  adjudg- 
ed to  be  vacant. 

This day  of ,  190.. . . 

,  S.  C.  S. 


*Ck)py  of  this  should  be  sent  to  Trustee  as  notification  of  his  removal. 


-I  QQ  LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEAOHERS,    ETC. 

(Form  No.  35.) 

Oath  of  Examiner. 

(Section  60.) 

I, ,  having  been  appointed  an  Examiner 

of  Applicants  for  Teacher's  Certificate  and  for  Diploma  of 

(iraduation,  in  and  for  the  county  of ,  Kentucky, 

and  accepted  the  appointment,  do  hereby  solemnly  swear  that 
1  will  faithfully  discharge  the  duties  of  said  office,  as  required 
by  the  Common  School  Law. 

,  Examiner. 

Subscribed  and  sworn  to  before  me,  and  filed  in  this  office, 

this day  of ,  190.  .  ..* 

Clerk  of  the  County  Court. 


♦This  affidavit  must  be  made  and  filed  before  an  Examiner  is  qualified  to 
act. 


(Form  No.  37.) 

Text-Books  for  Indigent  Children, 

(Sections  43  and  82.) 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky.,  July ,190... 


To 


Judge  of  the  County  Court : 
Dear  Sir:  Ileports  from  the  various  Boards  of  Trustees, 
as  required  by  Section  82,  School  Law,  and  personal  observa- 
tion, enable  me  to  report  to  you  the  following  as  a  reasonable 
estimate  of  books  needed  for  indigent  children  of  this  county 
for  the  ensuing  school  year: 

^doz.  Slates   @ | 

-doz.  Slate  Pencils (a] 

doz.  Spelling  Books  . @ 

doz.  First  Beaders @ 


-doz.  Second  Headers   , . .  .  @ 

-doz.  Third  Headers (a), 

-doz.  Fourth  Headers   (5), 

-doz.  Fifth  Headers (d 

-doz.  Primers    (a) 


LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,     ETC.  \Q-]^ 


-doz.  Primary  Arithmetics   @ 

-doz.  Intellectual  Arithmetics   @ 

-doz.  Practical  Arithmetics @ 

-doz.  Language  Lessons,  Part  I @ 

-doz.  Language  Lessons,  Part  II  ....  @ 

-doz.  Elementary  Grammars    @ 

-doz.  Practical  Grammars @ — 

-doz.  Elementary  Geography   @; 

-dOz.  Complete  Geography    @ 

-doz.  Histories  of  IT.  S @ 

-doz.  Histories  of  Kentucky   @ 

-doz.  Physiology  and  Hygiene  .......  @ 

-doz.  Civil  Government    @ 

-doz.  Copy  Books @ 

Total    @ 


The  books,  etc.,  can  be  had  of  your  local  dealer  at  prices 
above  set  out. 

Calling  your  attention  to  Section  43,  School  Law,  I  have 
to  represent  that  to  meet  the  demands  of  all  the  schools  it  is 
necessary  to  purchase  as  soon  as  possible. 

Respectfully, 

S.  C.  S. 


(Form  No.  38.) 


Superintendent's  Receipt  to  County  Judge  for  Boohs  to  he  Furnished 
to  Indigent  Children. 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky., 190... 

Received  of Judge  of  the 

County  Court,  the  following  books,  etc.,  to  be  furnished  to  the 
indigent  pupil  children  of  this  county,  as  required  by  law: 
(Here  set  out  in  full,  as  in  the  order,  all  that  is  received,  that 
the  itemized  statement  may  be  judge^s  voucher  in  settling 
with  the  fiscal  court.) 

S.  C.  S. 


-j^g2  LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,    ETC. 

(Form  No.  39.) 

Subpoena  for  Witness.* 

(Section  89.) 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky., 190... 

The  State  of  Kentucky To  the  Sheriff  (or  any  Consta- 
ble or  Marshal)  of county: 

You  are  commanded  to  summon   to 

appear  at  my  office,  on  the  day  of 190 .  . , 

at o'clock,  -.  m.,  to  testify  in  the  case  of , 

in  District  No on  a  charge  of 

Given  under  my  hand,  date  above  written. 

,  S.  ,C.  S. 


^To  testify  on  trial  of  Teacher  or  Trustee. 


<Form  No.  40.) 

Attachment  for  Witnesses. 

(Section  89.) 

Office  of  Superintendent  of  Common  Schools, 

County, 

Ky., 190... 

The  State  of  Kentucky  to  the  Sheriff  of County: 

You  are  commanded  to  arrest ,  and  have 

him  befpre  me,  at  my  office  bj^  or  before o'clock  on  the 

day  of ,  190 .  . ,  to  testify  in  the 

case  of ,  charged  with ,  and  to  an- 
swer for  disobedience  to  subpoena  served  on  him. 
Given  under  my  hand,  date  above  written. 

,  S.  C.  S. 

Note. — If  bond  is  taken  for  the  appearance  of  a  witness    it  should  be  for 
$10T). 


LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,    ETC.  183 

(Form  No.  41.) 
Notice  that  Part  of  Fractional  District  Will  he  Reclainied. 

(Section  68.) 
Office  of  Superintendent  of  Common  Schools, 

County, 

Kv., 190... 

To , 

S.  C.  S  of  . : County. 

You  are  hereby  notified  that  at  the  end  of  thirty  days  after 
reasonable  time  for  the  transmission  of  this  letter,  I  will  re- 
claim that  part  of  this  county  which  lies  in  fractional  District 

^  o ,  of  (here  insert  my  county  or  your  county,  as  the 

case  may  be),  unless  cause  can  be  shown  why  such  a  step 
would  seriously  prejudice  the  interests  of  the  pupil  children 
in  said  district.  I  call  your  attention  to  the  fact  that  (here  in- 
sert no  house  hc.s  been  built,  or  the  house  is  unfit  for  school 
purposes),  and  that  no  loss  of  property  can  result  from  this 
action.* 


*lf  there  is  ground  belonging  to  the  fractional  diistriot,  and  Ijouse  and  furni- 
ture of  any  kind,  such  property  should  be  sold  by  the  trustees,  and  the  pro- 
ceeds divided  proportionately  to  school  population  beitween  the  two  fractions. 


(Form  No.  45.) 
Order  of  Trustees  on  Treasurer  or  County  Superintendent. 
(Section  79  and  80.) 

School-house  of  District  No , 

State  of  Kentucky, 

County  of 

190... 

To District  Treasurer.* 

At  a  meeting  of  the  Board  of  Trustees,  duly  called  and 
held  this  day,  a  majority  being  present,  it  was  ordered  that. . 
be  paid  the  sum  of and  ;^    dollars  ($ ), 

*0r  County  Superintendent,  as  the  case  may  be. 


■j^g^  LEGAL    FORMS    FOR    SCHOOL    OFE^ICERS,    TEACHERS,    ETC. 

for  (here  set  out  for  what  payment  is  to  be  made),  as  per  bill 

filed  with  us,  marked  ;  and  you  will  pay  to 

him,  or  his  order,  accordingly.     This  order,  with  payee's  re- 
ceipt, shall  be  your  voucher  for  same. 

Witness,  minutes  of  meeting  in  our  Eecord  Book,  and  my 
signature. 

Chairman. 


(Form  No.  46.) 

Request  for  Temporary  Transfer  of  Pupils. 

(Section  69.) 

To  the  Trustees  of  District  No County,  Ky.: 

Gentlemen : — Please  to  allow  me  to  send of  my 

children  to  the  school  in  adjoining  District  No for  the 

current  school  year,  since  it  is  more  convenient  to  them. 
This dav  of ,  190.  .. 


Eesident  of  District  No 

Indorsement  by  Trustees  of  Districtwhere  the  children  reside : 

We,  the  Trustees  of  District  No consent  to  the  transfer 

above  requested,  since  it  will  not  shorten  term  of  our  school 
nor  interfere  with  contract  with  teacher. 

This day  of ,  190.  . . 

Chairman 

Board  of  Trustees. 


Indorsement  by  Trustees  of  District  where  the  children  re- 
side: 

We,  the  Trustees  of  District  No consent  to  the  trans- 

fei'  above  requested,  as  it  will  not  interfere  with  the  efficiency 
of  our  school  nor  with  our  Teacher's  contract. 

This day  of .\,  190. . . 

Chairman 

Board  of  Trustees. 


♦Hequest  and  indorsements  should  be  had  before  contracts  are  made)  with 
Teacher,  and  this  paper  filed  with  Counity  Superintendent  before  the  end  of 
first  month  of  school. 


LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,    ETC.  ^^r^ 

(Form  No.  48.) 

Charges  Against  Teacher  by  Trustees, 

(Sections  55,  63,  81,  83,  88  and  136.)  ^ 

...Ky., 190... 

To , 

County  Superintendent  of  Common  Schools : 

We,  Trustees  of  District  No ,  county  of , 

hereby  charge ,  Teacher  in  said  District 

with  (here  insert  drunkenness,  profanity,  gambling,  licen- 
tiousness, incompetency,  neglect  of  duty,  all  or  singular,  as 
the  case  may  be)  specifically  in  this,  that  (here  insert  such  acts 
and  omissions,  known  to  the  Board,  as  are  held  to  disqualify) 
and  we  have  suspended  him  from  having  charge  of  the  school, 
subject  to  your  approval. 

Entered  of  record,  date  as  above. 

Chairman. 

Trustee. 

Trustee. 


(Form  No.  51.) 

Order  of  Levyjor  Incidental  Expenses  of  School,* 

(Section  80.) 

We,  the  Board  of  Trustees  of  District  No ,  county  of 

,  Ky.,  having  this  day  met  in  a 

corporate  capacity,  after  due  notice,  a  majority  being  present, 
to  provide  for  the  comfortable  conduct  of  the  school  for  said 
District  now  under  contract  for  the  current  year,  do  hereby 

levy  a  poll-tax  of on  all  persons  whose  children  attend 

the  school,  in  accordance  with  section  80,  School  Law.  The 
Teacher  is  required  to.  furnish  the  District  Treasurer  the 


*t:!Opy  of  this  notice  should  be  sent  to  the  Teacher,  and  notices,  fixing  time 
and  place  at  which  payments  must  be  madfe,  must  be  posited  at  three  promi- 
nent places  in  the  District.  All  who  fail  or  refuse  to  pay  before  the  close  of 
the  school,  should!  be  deemed  delinquent,  and  collection  may  be  had  by  dis- 
traint of  property. 


186 


LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,    ETC. 


names  of  the  patrons,  and  said  Treasurer  will  collect  at  the 
time  specified  in  notices  posted  or  sent  to  said  patrons.  Those 
Avho  become  patrons  after  the  list  has  been  furnished  will  pay 
to  the  treasurer,  or  some  one  deputized  by  him  to  receive  it^ 
Avithout  further  notice. 


Entered  of  record,  this day  of 


190 


Chairman. 

Trustee. 

Trustee. 


(Form  No.  52.) 

Notice  to  Pay  Poll-Tax  for  Incidental  Expenses. 

(Section  80.) 

The  patrons  of  the  common  school  in  District  No ,  in 

county,  are  hereby  notified  that,  in  accordance 

with  section  80,  Common  School  Law,  a  poll-tax  of has 

been  levied  on  all  persons  having  children  who  are  attending^ 
or  will  attend,  to  pay  expenses  incident  to  the  comfortable 
conduct  of  the  school. 

The  limit  fixed  for  the  payment  of  these  taxes  ife 

weeks,  and  payment  must  be  made  to  the  District  Treasurer 
on  or  before  the  expiration  of  that  time.     He  will  be  at 


on  the day  of 


190 


to  receive 


said  taxes.     At  the  expiration  of  that  time,  it  will  be  the  duty 
of  the  Treasurer  to  enforce  payment. 

This day  of ,  190.  . . 

Chairman 

Board  of  Trustees. 


LDGAL    FORMS    FOlt    SCHOOL    OFFICERS,    TEACHERS,    ETC.  ^gj 

(Form  No.  53.) 

Trustees^  Notice  of  County  Institute, 

(Section  143.) 

School  District  No ,  County  of ,  Ky. 

All  teachers  and  persons  proposing  to  teach  in  the  public 
schools  of  this  State  the  current  year,  will  take  notice  that  the 
Teachers'  Institute  will  convene  at  ,  Ky.,  on  Mon- 
day, the day  of ,  190 . . ,  and  continue  five 

days.  All  teachers  that  fail  to  attend  the  full  session  of  the 
County  Institute  forfeit  their  right  to  teach  in  the  public 
schools  during  the  year,  or  to  obtain  a  certificate  to  teach  .dur- 
ing  the  year,  unless  they  are  excused  by^  the  County  Superin- 
tendent for  such  non-attendance  by  reason  of  actual  sickness 
or  other  disability. 

This f day  of ,  190.  . . 

Signed 

Chairman. 

Note. — Post  a  notice  like  the  above  at  three  or  more  public  places  in  the 
district. 


(Form  No.  55.) 

i 

Certificate  to  he  Given  to  Trustee-Elect. 
(Section  72.) 

This  certifies  that  at  an  election  held  this  day,^^A,  B,  was 
duly  elected  to  fill  the  office  of  Trustee  of  Common  School  Dis- 
trict No ,  county  of ,  f or  three  years 

from  July  1,  189.... 

Given  under  my  hand  this   day  of 190.  .. 


Judge  of  Election. 


2g3  LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,    ETC. 

(Form  No.  56.) 

Notice  Calling  a  Meeting  of  Trustees. 

(Section  75.) 


School  District  No ,  County  of ,  Ky 


To 


> 

Trustee  of  District  aforesaid; 


You  will  take  notice  that  a  meeting  of  the  trustees  of  said 
district  is  hereby  called  to  convene  at  the  district  school-house 

on  the day  of ,  190 .  . ,  at o'clock  .  .  m. 

to  consider and  such 

other  business  as  may  properly  come  before  said  board, 

,     This day  of '. .,  190.  . . 

*Signed 

Chairman. 


*(fl).  The  Chairman  declining  to  call  a  meeting  of  the  Board,  the  other 
Trustees  may  do  so,  but  in  such  case  it  will  be  prudent  to  consider  only  that 
business  mentioned  in  the  call. 

(6).  Regular  meeting  of  the  Board  should  not  be  less  frequent  than  month- 
ly, and  should  adjcfurn  to  meet  at  a  time  and  place  specified,  which  should 
be  entered  in  the  minutes.  This  practice  saves  the  Chairman  the  trouble  of 
giving  notice  to  convene  the  Board  except  in  emergencies. 


(Form  No.  57.) 

Minutes  of  Trustees^  Meeting. 

(Section  75.) 

School  District  No ,  County  of Ky. 

At  a  meeting  of  the  board  of  trustees  of  the  above  named 
district  duly  convened  by  the  chairman  for  the  purpose  of  con- 
sidering applications  and  employing  a  teacher  for  the  pulblic 
school  in  said  district  for  the  current  year,  there  were  present 
,  and 

After  due  consideration  of  the  claims  of  all  applicants  and 

of  others  whose  services  might  be  had,  on  motion  of , 

it  was  ordered  that  contract  be  entered  into  with 

iPor  a  term  of months  at  | .  .  .  .  per  month,  the  school  to 


LEGAL    FORMS    FOll    SCHOOL    OFFICERS,    TEACHERS,    ETC.  -^g^ 

begin  ou  the day  of ,  190 ...     On  this 

question and voted  for  and 

voted  against  employing  said 

This day  of ,  190.  . . 


> 

Cliairman. 

(a).  Two  of  the  Board  may  be  in  favor  of  employing  a  certain  teacher, 
and  may  conclude  because  they  constitute  a  majority,  there  is  no  need  of 
meetiing  to  consider  the  sub[ject.  But  each  member  of  the  Board  has  an 
equal  right  to  be  heard.  T\vo  of  the  Board  have  no  right  to  assume  that  the 
remaining  member  may  not  be  able  to  give  good  reasons  for  employing 
some  other  person  than  their  applicant,  or  at  least  to  convince  them  thait 
they  should  not  employ  him.  Not  only  the  law,  but  common  courtesy,  de- 
mands that  every  member  be  given  an  opportunity  to  be  heard, 

(&).  At  this  meeting  a  member  of  the  Board  should  be  appointed  to 
arrange  for  a  supply  of  fuel  for  the  school  term.  Another  member  should 
be  selected  to  have  the  school  house,  out-houses,  water  supply,  etc.,  put  in 
good  condition  for  the  opening  of  the  school. 

(c).  It  is  also  suggested  that  the  Board  divide  the  district  into  conve- 
nient sections  at  this  meeting,  and  assign  each  member  certain  patrons  to 
visit  during  the  two  weeks  preceding  the  opening  of  the  school  for  the  pur- 
poses set  out  in  section  82. 

AH  these  transactions  should  be  made  a  matter  of  record,  and  recorded 
in  the  minutes  following  the  record  employing  a  teacher. 


(Form  No.  59.) 

Notice  to  Parent  or  Guardian  that  a  Pupil  Has  Been  Expelled  or 

Restored. 

(Sections  83  apd  136.) 

School-house,  District  No.  ....  County  of ,  Ky., 

,  190... 

To , 

The  Board  of  Trustees  having  met  this  day  in  a  corporate 
capacity,  all  having  been  notified,  a  majority  present,  -^to  in- 
vestigate the  charge  preferred  by ,  Teacher, 

against ,  pupil,  for  (here  give  the  charge), 

have  made  due  inquiry  and  weighed  impartially  the  testimony 
offered,  and  we  conclude  that  said  charge  is  (here  insert  sus- 
tained, or  not  sustained,  as  the  case  may  be);  and  you  are  here- 
by notified  that  said  pupil  is  (here  insert  expelled  or  restored, 

as  the  case  may  be.)* 

Chairman. 

Trustee. 

Trustee. 

*teacher  or  parent  can  appeal  from  this  finding  to  the  County  Superintend- 
ent whose  decision  shall  be  final. 


190 


LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,    ETC. 


(Form  No.  60.) 

Notice  to  Teacher  to  ^how  Cause  Why  He  Should  Not  be  Removed. 

(Sections  20,  55,  61,  81,  88,  133,  134,  135  and  136.) 

District  No. ,  County  of ,  Ky., 

190... 

^o ,    ' 

Teacher  in  District  No.  . . 

You  are  hereby  notified  that  you  have  been  charged  with 
conduct  unbecoming  a  teacher  and  inconsistent  with  School 
Law,  in  this :  That  ....  (here  set  out  the  specified  act  or  acts, 
and  omissions  charged.)     This  charge  will  be  investigated  at 

the  District  School-house,  at o'clock ,  on  the 

day  of ,  190 .  . ,  at  which  time  you  will  appear 

and  make  such  plea  and  proof  as  may  seem  to  you  in  the  iiiter- 
est  of  justice  and  equity,  or  the  charge  will  be  taken  as  con- 
fessed and  you  will  be  removed,  subject  to  approval  of  County 
Superintendent  on  trial  had  before  him. 

Entered  of  record,  date  above  written. 


,  Chairman. 


Trustees. 


LEGAL    FORMS 


FOR    SCHOOL    OFFICERS,    TEACHERS,    ETC. 

(Form  No.   63.) 


191 


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"1^92  LEGAL    FORMS    FOR    SCHOOL    Ol^FICERS,    TEACHERS,    ETC. 

Note. — If  the  tax-payer  refuses  to  pay  his  taxes  as  designa- 
ted in  forms  50  and  52,  the  treasurer  has  the  same  power  as 
the  -sheriff  in  the  collection  of  State  and  countj^  revenue  and 
may  proceed  in  the  same  way  to  collect  by  levy  and  sale,  by 
attachment,  or  by  action.  The  complications  that  may  arise 
in  the  collection  of  this  tax  are  varied  and  numerous,  and  the 
treasurer  should  consult  the  county  attorney,  who  is  by  law 
his  legal  adviser,  when  in  doubt  as  to  the  proper  steps  to  be 
taken.  The  Treasurer  will  in  every  case,  however,  make  out 
carefully  on  form  No.  63,  the  receipt  of  each  delinquent,  pre- 
sent it  to  him  and  demand  payment.  If  he  fails  or  refuses  to 
pay,  the  Treasurer  will  proceed  under  sections  4443  and  4184^ 
Kentucky  Statutes,  to  attach  any  debtor  of  the  delinquent,  if 
there  be  such,  as  in  Form  No.  63-a,  to- wit: 

School  District  No ,  Oount}^  of ,  Ky. 

To  . :  The  taxes  due  me  as  Treasur- 
er of  the  above-cited  district  from ,  amount  to 

f To  that  extent  you  are  hereby  notified  not  to  pay  or 

deliver  to  him  any  money  or  property  which  you  may  now  owe 
or  hereafter  become  indebted  to  him,  and  to  appear  before  the 
(bounty  Court  of  the  county  on  the  first  day  of  its  next  term  to 
show  cause  why  you  should  not  be  adjudged  to  pay  said  taxes- 

This  the day  of 190.  .. 

Treasurer. 

Or  the  Treasurer,  under  sections  4148  and  4149,  may  dis- 
train goods  and  chattels  sufficient  to  pay  such  taxes.  In  this 
case  he  must  advertise  at  the  court  house  door  at  least  ten 
days  before  the  day  of  sale  the  time  and  place  of  same,  then 
sell  sufficient  property  to  pay  the  tax  and  costs.  The  adver- 
tisement at  court  house  should  be  something  as  follows: 

Form  63-b. 

NOTICE  TAX  SALE. 

School  District  No . ,  County  of Ky. 

As  Treasurer  of  above  district,  on  the day  of , 

190 .  . ,  at  1  o'clock,  p.  m.,  at within  said  dis- 
trict, I  will  at  public  outcry  proceed  to  sell 


LEGAL    FORMS    FOR    SCHOOL   OFFICERS,    TEACHERS,    ETC.  1 93 

levied  on  or  distrained  as  the  property  of to 

pay  I .,  amount  of  his  school  tax  and  costs,  due  me 

as  Treasurer  thereof  for  the  year  190.  ..     This  the ."day 

of ,  190. 

,  Treasurer 

and  tax  collector  of  district  named  above. 

Or  the  Treasurer,  under  section  4151,  Kentucky  Statutes, 
may,  if  there  be  no  personal  property  that  may  be  distrained 
for  taxes,  sell  enough  real  estate  belonging  to  the  delinquent 
to  pay  taxes  and  costs,  as  lands  are  sold  under  execution,  as 
modified  by  the  section. 

He  will  notify  the  person  owing  the  tax,  by  postal  card  15 
days  beforehand,  of  the  time  and  place  of  sale,  specifying  the 
land  to  be  sold;  advertise  for  15  days  before,  by  poster  at 
court  house  door  the  time  and  place  of  sale;  also  for  four 
weeks,  once  a  week,  in  a  newspaper  of  the  county;  if  no  paper 
is  published,  then  by  posters  at  three  or  more  conspicuous 
places  in  the  district.     The  following  Form  63-c  may  be  used: 


TAX  LAND  SALE  NOTICE. 

School  District  No ,  County ,  Ky. 

As  Treasurer  of  the  above-named  district,  on  the day 

of ,  190 . . ,  at  1  p.  m.,  at  the  court  house  door,  I 

will  proceed  to  sell  at  public  outcry,  to  pay  school  taxes  due 
me  as  Treasurer  of  above-named  district  for  the  year;l90. ., 
the  lands  of  the  following  named  persons,  situated  within 
said  district  or  so  much  thereof  as  may  be  needful  to  pay  the 
taxes  due  and  costs,  as  indicated  herein.     The  lands,  levied  on 

as  the  property  of  .......  who  is  due  | of  taxes,  are 

bounded  on  the  south  by  the  lands  of ,  on  the  east 

by  the  lands ,  on  the  north  by  the  lands  of  .... 

,  and  on  the  west  by  the  lands  of ,  and 

is  the  same  listed  by ,  the  deed  of  conveyance  to 

the  said being  recorded  in  the  clerk's  office  of 

this  county  on  Book  No Page 

The  lands  levied  on  as  the  property  of ,  who 

is  due  I of  taxes  are  bounded  on  the  south,  etc. . . 


[13] 


j^g^  LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,     ETC. 

lu  like  manner  set  out  all  lands  to  be  sold  and  close  with, 
dated  the dav  of .190.  .. 


Treasurer, 


and  tax  collector  of  district  named  above. 
In  case  no  one  bids  for  the  land,  it  shall  be  the  duty  of  the 
Treasurer  to  purchase  the  same  for  the  district,  for  the 
amount  of  tax  due  and  commission  thereon,  and,  as  directed  in 
4152,  shall  make  return  to  the  County  Clerk*,  and  to  the  Trust 
ees,  who  will  give  him  credit  therefor.  When  sold  for  taxes 
to  individuals,  report  of  such  sale  must  be  made  to  the  Clerk 
as  provided  in  section  4162,  of  the  Statutes.  For  further  in- 
formation on  this  subject  see  sections  4153,  4154,  4159,  and 
1682,  Kentucky  Statutes. 


(Form  No.  64.) 

Annual  Report  of  Treasurer  of  Distiiet  No 

County  of ,  Ky.,  to  the  Board  of  Trustees:* 

(Sections  78,  79,  80  and  99.) 

I.— LEVIES. 

Amount  levied  under  section  78,  as  shown  by  lists  made  up 
from  County  Assessor's  book,  and  from  railroad  assess- 
ment in  County  Clerk's  office: 

For  purchasing  site,  building,  repairing,  furnishing 

making  fence,  providing  water,  or  any  of  them .  .  | 

I  or  meeting  old  debt  or  other  obligation 

Amount  levied  under  section  80  for  incidentals,  as 

shown  by  Trustee's  list 

Amount  levied  in  accordance  with  vote,  sections  94- 

99,  for  paying  teacher 

Additional  amount  by  reason  of  5  per  cent,  penalty 
on  delinquents. 


Total 


*A  duplicate  of  this  must  be  filed  with  the  County  Superintendent. 


LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEJUlg&RB;    EX0r  3^95 


II.— COLLECTIONS  AND  DISBUKSEMENTS. 

Received  ou  list  made  up  from  County 

Assessor's  book,  Section  79 | 

deceived  on  railroad  property 

Eeceived  from* Total,  ?.  . 

Paid  out  as  per  orders  of  trustees  and  receipts  filed 

lierewith S .  . 


Balance  on  hand | 

Iteceived  on  trustee's  list,  for  incidentals, 

see  Section  80 | 

Received  from* Total,  | 

Paid  out,  as  per  orders  of  trustees  and  receipts  filed 

herewith  I 


Balance  on  hand , .  | 

Received  on  list  made  up  from  County  As- 
sessor's books.  Sees.  94-99. 

Received  from* Total,  | 

Paid  out,  as  per  orders  of  trustees  and  receipts  filed 
herewith  I . 


Balance  on  hand I 

Total  of  balances |, 


The  foregoing  is  a  true  statement  of  levies,  receipts  and 
payments,  as  required  by  law. 

This day  of ,  190.  . . 

,  District  Treasurer. 


*This  item  is  intended  to  cover  money  received  from  predecessor,  from 
County  Superintendent  when  this  officer  holds  in  trust  or  has  received  funds 
for  the  district,  or  from  trustees  who  have  sold  district  property,. etc. 


296  LEGAL    FORMS    FOlt    SCHOOL    OFFICERS,    TEACHERS,    ETC. 

(Form  No.  65.) 

Petitiwi  to  County  Gourt  to  Condemn  Land  for  School  Site* 

({Section  77,  School  Law,  and  chapter  117,  Sections  242,  247, 

'  Acts  of  1891,  '92,  '93.) 

State  of  Kentucky,  County  of 

190... 

To    , 

Judge  of  the  County  Court: 
We,  the  undersigned.  Trustees  of  Common  School  District 

No ,  hereby  petition  your  court  to  appoint  three 

commissioners,  in  accordance  with  Section  835,  Kentucky 
Statutes,  to  assess  damages  for  lands  herein  described,  which 
we  require  to  be  condemned  for  site  of  school-house  for  this 
district,  being  unable  to  contract  with  the  owner  thereof  for 
same.  It  is  not  used  as  a  residence,  orchard,  garden,  or  bury- 
ing-ground,  by  the  owner  or  other  person. 

The  land  sought  to  be  condemned  lies  in  this  county,  in  the 

district  aforesaid,  and  is  a  part  of  the  farm  of 

(here  state  whether  a  resident  or  non-resident;  if  a  woman, 
whether  married  or  single;  if  a  minor,  who  is  legal  guardian; 
and  in  any  case  whether  of  sound  mind.)     It  is  located  on  or 

near (here  name  stream  or  public  highwa^^,  if  any,  or 

otherwise  designate  locality  with  such  definiteness  as  to  pre- 
vent mistake),  and  is  bounded  as  follows :  Beginning  at ...  . 
(here  insert  Surveyor's  description.     It  is  best  in  these  cases 

to  have  regular  survey  and  plot) and  contains  .... 

(here  insert  one  acre,  or  fraction  thereof,  as  no  more  than  one 
acre  can  be  condemned). 


,  Chairman. 


Board  of  Trustees. 


♦This  is  to  be  filed  with  County  Clerk. 


LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,    ETC.  ^97 

(Form  No.  66.) 
Fo7in  of  Lease  of  School  House  and  (hroumh. 

Know  all  men  by  these  presents,  that  I, 

of ,  agree  to  let  and  rent  to  District  No 

in  .  .  •    county,  a  house  or  building  in  said  district, 

with  about of  ground,  adjoining  lands  of  .... 

for  the  maintenance  of  common  school  in  said  district, 

according  to  law,  for  the  term  of , 

from  the day  of  . ,  at  the  annual  rental 

of ,  to  be  paid  in payments ;  the 

directors  of  said  district  to  have  the  right  to  remove  all  build- 
ings erected  and  fixtures  placed  by  said  district  on  said  lot 
during  said  term,  at  the  end  thereof;  and  the  premises  to  be 
surrendered  at  the  expiration  of  said  term,  in  good  order, 
casualties  excepted. 

Witness  our  hand,  this day  of ,  190 .  . . 


Leaser, 
Chairman, 
Trustee. 
Trustee. 


(Form  No.  67.) 

Proposals  for  the  Erection  or  Repair  of  a  School  House, 

(Section  77.) 

School  District  No ,  County  of ,  Ky. 

To  Contractors  and  Builders : 

Notice  is  hereby  given  that  proposals  for  the  erection  (or 
repair)  of  a  school  house  in  the  aforesaid  district  will  be  re- 
ceived by  the  undersigned  at  his  home  (or  office),  where  plans 
and  specifications  may  be  seen)  until  1  o'clock  p.  m.,  on  the 

'.  .day  of 189. .,  at  which  time  the  contract 

will  be  awarded  to  the  lowest  and  best  responsible  bidder. 

A  bond  will  be  required  for  the  performance  of  the  con- 
tract, the  Board  reserving  the  right  to  reject  any  or  all  bids. 

This  the day  of ,  190. .. 

Signed, ,  Chairman. 


jl^gg  LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,    ETC. 

(Form  No.  68.) 

Contract  for  Building  a  School  House* 

(Section  77.) 

(Note. — In  building  a  scliool-liouse  it  is  all  important  to 
secure  a  plan  of  the  building,  with  full  specifications  as  to  its 
dimensions,  style  of  architecture,  number  and  size  of  the 
windows  and  doors,  quality  of  the  materials  to  be  used;  what 
kind  of  roof;  number  of  coats  of  paint;  of  Avhat  material  the 
foundation  shall  be  constructed;  its  depth  below,  and  its 
height  above  the  surface  of  the  ground;  the  number  and  style 
of  chimneys,  and  flues;  the  provisions  for  ventilation;  the  num- 
ber of  coats  of  plastering  and  style  of  finish,  and  all  other 
items  in  detail  that  may  be  deemed  necessary.  The  plan  and 
specifications  should  be  attached  to  the  contract.) 

Contract  made  and  entered  into  between ,  of 

the  county  of ,  State  of  Kentucky,  and , 

trustees  of  School  District  No ,  in  the  county  of , 

State  of  Kentucky. 

In  consideration  of  one  dollar  in  hand  paid,  the  receipt 
whereof  is  hereby  acknowledged,  and  of  the  further  sum  of 

dollars,  to  be  paid  as  hereinafter  specified,  the  said 

agrees  to  build  a  frame  school-house  and  to  fur- 
nish the  materials  therefor,  according  to  the  plans  and  speci- 
fications for  the  erection  of  said  house  hereto  appended,  at 
such  point  in  said  district  as  the  trustees  may  designate. 
The  said  house  is  to  be  built  of  the  best  material,  in  a  substan- 
tial, workmanlike  manner;  and  is  to  be  completed  and  deliv- 
ered to  said  trustees,  or  their  successors  in  office,  free  from 
any  lien  for  work  done  or  materials  furnished,  by  the.  ....... 

day  of ,  190 .  . ,  and  in  case  the  said  house  is  not 

finished  in  the  time  herein  prescribed,  the  said 

shall  forfeit  an^  pay  to  the  said  trustees,  or  their  successors  in 

office,  for  the  use  of  said  district,  the  sum  of dollars  and 

shall  also  be  liable  for  all  damages  that  may  result  to  said  dis- 
trict in  consequence  of  such  failure,  and  said  trustees  may  fin> 
ish  the  building  and  charge  the  cost  of  the  same  to  the  said 


^See  Division  V.,  page  — ,  this  volume. 


LEGAL    FORMS    FOR    SCHOOL   OFFICERS,    TEACHERS,    ETC. 


199 


The  said ,  trustees,  or  their  successors  in  office, 

in  behalf  of  said  district,  hereby  agree  to  pay  the  said 

the  sum  of dollars  when  the  foundation  of  said 

house  is  finished;  and  the  further  sum  of dollars  when' 

the  building  is  ready  for  the  roof;  and  remaining  sum  of  .... 
dollars  when  the  said  housQ  is  finished  and  delivered,  as  here- 
in stipulated. 

It  is  further  agreed  that  this  contract  shall  not  be  sub-let, 
transferred  or  assigned  without  the  consent  of  both  parties. 

Witness  our  hands  this day  of ,  190 .  . . 


,  Contractor. 
,  Trustee, 
,  Trustee,      / 
,  Trustee. 


(Form  No.  69.) 

Bond  for  Performance  of  Contract. 

(Section  78.) 

School  District  No ,  County  of ,  Ky. 

KnoAv  all  men  by  these  presents:     That  we, as 

principal,  and and as  sureties,  all 

of  the  county  and  State  aforesaid  are  held  and  firmly  bound 
unto »  . . ,  and . ,  con- 
stituting the  Board  of  Trustees  of  said  District,  in  the  penal 

sum  of dollars,  (| ),  for  the  payment  of  which, 

Avell  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  ad- 
ministrators and  assigns,  jointly,  severally,  and  firmly  by 
these  presents. 

The  conditions  of  the  above  obligation  is  such  that,  where- 
as the  said has  this  day  entered  into  a 

written  contract  Avith  the  Board  of  Trustees  of  the  District 
above  written  and  their  successors  in  office,  for  the  erection 
and  completion  of  a  school-house  in  and  for  said  district  by 

the day  of ,  190 .  . ,  according  to  plans  and 

specifications  for  the  construction  of  said  house  appended  to 
said  contract; 


200  LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,    ETC. 

Now,  therefore,  if  the  said contractor,  shall 

faithfully  and  fully  comply  with  all  the  stipulations  of  said 
contract,  then  this  obligation  shall  be  void,  otherwise  remain 
in  full  force  and  virtue  in  law. 

In  testimony  whereof  we  have  hereunto  subscribed  our 
names,  this day  of ,  190 .  . . 

,  Principal. 

,  Surety. 

,  Surety. 

Suretv. 


(Form  No.  70.) 

Appeal  to  County  Superintendent  from  Action  of  Trustees  in  locat- 

•  ing  School-House. 

•  (Section  77.) 

District  No ,  County  of Ky., 

,  190... 

To , 

County  Superintendent  of  Common  Schools: 

We,  the  undersigned,  constituting  a  majority  of  the  school 

electors  in  District  No ,  respectively  appeal  to  you  from 

the  action  of  our  Board  of  Trustees  in  the  matter  of  choosing 
site  for  school-house  to  be  erected.  The  location  is  undesirable 
because  (here  set  out  all  than  can  truthfully  be  alleged  as  to 
its  unfitness,  and  indicate  a  more  suitable  position).  We  ask 
an  immediate  investigation,  and  pray  that  the  said  action  be 
set  aside  and  the  Board  required  to  choose  another  site. 

(Here  must  follow  the  signatures  of  at  least  a  majority  of 
all  electors  resident  in  the  district  at  the  time  of  making  ap- 
peal.) 


LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,    ETC.  201 

(Form  No.  71.) 

Notice  to  Trustees  that  an  Appeal  has  been  Taken. 
(Section  77.) 

State  of  Kentucky,  | 

€ountj  of J 

Office  of  Superintendent  of  Common  Scliools, 

,Ky., 190.... 

To  A  B,  C  D,  and  E  F,  Trustees  of  District  No. 

You  are  hereby  notified  that  an  appeal  has  been  filed  with 
me  controverting  the  wisdom  and  propriety  of  your  location 
of  the  site  for  the  school-house  of  your  district.     The  ....  day 

of ,  190 . . ,  at  9  o'clock  a.  m.,  at*  the  proposed 

site  of  your  school-house,  has  been  fixed  as  the  time  and  place 
for  hearing  all  parties  in  interest  concerning  the  matters  in 
controversy. 

,  S.  C.  S. 


♦other  place  may  be  fixed  for  the  hearing. 


(Form  No.  72.) 

Oath  of  Office  of  Trustee, 

(Sections  72,  74,  and  others.) 

State  of  Kentucky,  County  of  ,  to-wit:     I  do 

solemnly  swear  that  I  will  support  the  Constitution  of  the 
United  States,  and  the  Constitution  and  laws  of  this  State, 
and  that  I  will  honestly  and  faithfully  discharge  the  duties  of 

the  office  of  trustee  for  School  District  No to  the  best 

of  my  knowledge  and  skill,  so  help  me  God. 

Signed  

Subscribed  and  sworn  to  before  me,  this  the  .  . .  .day  of . . . . 

,  190... 

Signed, Justice  of  the  Peace 

For Countv. 


202  LEGAL    FOiniS    FOR    SCHOOL    OFFICERS,    TEACHER^S,    ETC. 

(Form  No.  73.) 

Certificate  of  a  Justice  of  the  Peace  or  Other  Officer  that  a  Trustee- 
elect  has  Qualified  Before  Him. 

(Sections  72,  73  and  74.) 

To 

., 

Superintendent  of  Common  Schools, Co.: 

This  certifies  that presented  me  this  day  a  cer- 
tificate of  his  election  as  trustee  in  District  No ,  thi» 

county,  signed  by ,  Judge  of  the  election  held 

June ,  100.  .,  and  that  thereupon  I  administered  ta 

him  the  oath  of  ofifice  in  due  form. 
Dated 190.  .. 


y 

Justice  of  the  Peace,* 


County,  Ky, 


*0t  other  officer,  as  the  case  may  be. 


rr 


To 


(Form  No.  74.) 
Charges  against  Trustees  hy  School  Patrons. 
(Sections  20,  55,  72,  to  92,  135  and  136.) 

Ky.,   190.. 


Superintendent  of  Common  Schools, 

County. 

We,  the  undersigned,  being  patrons  of  School  District  No. 

this  county,  do  hereby  charge ,  Trustee*  in  the 

aforesaid  district,  with (here  insert  misfeasance, 

malfeasance,  neglect  of  duty  or  immoral  conduct,  all  or  sin- 
gular, as  the  case  may  be) specifically  in  this:    That 

(here  set  out  such  acts,  omissions,  &c.,  as  constitute 

ground  for  these  charges) ,  and  we  pray  an  investiga- 
tion looking  to  relief  for  our  district. 

Witness  our  signatures: 


♦More  than  one  can  be  included  in  the  report  if  they  have  acted  jointly, 
and  are  amenable  to  the  sam.e  charge. 


LEGAL    FORMS    F03    SCHOOL   OFFICERS,    TEACHERS,    ETC.  203 

(Form  No.  75.) 

Charge  Against  Teacher  by  a  School  Patron  {or  Patrons). 

(Sections  51,  55,  61,  63,  64,  81,  83,  88,  133,  134,  135  and  136.) 

,*  Ky., 190... 

^o , 

Supt.  of  Common  Schools, County: 

Tlie  affiant,  a  resident  and  sclioo]  patron  in  District  No , 

County,  states  that   was  employed 

to  teach  the  public  school  in  this  district  for  the  year  ending 

June  30th,  190.  .,  that  he  begun  the  school  on  the ,.  day 

of ,  190 .  . ,  and  has  had  continuous  charge 

of  it  since  that  time;  but  the  said  school  has  not  been  kept  in 
conformity  to  law  and  the  interests  of  the  pupil  children,  be- 
cause of  his  (here  insert  incompetency,  neglect  of  duty,  immor- 
ality, or  other  disqualifications,  as  case  may  be,  all  or  singu- 
lar). 

Specifications:  (Here  set  out  definitely  acts  and  omis- 
sions, known  to  the  affiant,  Avhich  are  held  to  disqualify.) 

The  affiant  says  that  the  said should  be  re- 
moved from  longer  teaching  the  school  in  the  district  afore- 
said. 


Subscribed  and  sworn  to  before  me,  this day  of 

,  190... 

,  S.  C.  S. 

Names  of  witnesses: 


*Give  post-ofFice  of  affiant  or  affiants. 


204 


LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,    ETC. 

(Form  No.  77.) 

(Section  78.) 

Note  Executed  hy  Trustees, 


State  of  Kentucky, 

County  of 

School  District  No. 


months  after  date  the  School  Board  of 

Trustees  in  and  for  the  above  named  district,  promise  to  pay 

Dollars  (| )  with  legal  interest 

from  date  till  paid. 

This  note  is  executed  for  (money  borrowed)  by  said  Board 
for  the  purpose  of  (here  state  for  building,  furnishing  or  re- 
pairing, etc.),  the  school  house  of  said  district,  as. authorized 
by  section  78,*  School  Laws,  and  is  intended  to  bind  the  said 
District  for  said  debt,  and  not  the  trustees  personally.  It  has 
been  authorized  by  the  Board  in  its  corporate  capacity  aB  in- 
dicated by  the  minutes  of  same,  at  a  meeting  of  same,  duly 
called,  dated  the day  of ,  190 . . . 

Witness  or  signatures: 

Dated  the day  of .,  190.  .. 

,  Chairman. 

,  Trustee. 

,  Trustee. 


♦We  have  to  advise  that  Trustees  never  write  "or  Order"  after  the  name 
of  the  payee,  as  that  makes  the  note  negotiable  and  prevents  fraud  from  be- 
ing pleaded  against  the  payment  of  the  note. 


LEGAL    FORMS    FOll    SCHOOL    OFFICERS,    TEACHERS,    ETC.  205 

(Form  No.  80.) 

Notice  to  Trustees  that  a  Pupil  Has  Been  Suspended, 

(Sections  5,  83  and  136.) 

School-house  of  District  No , 

County  of ,  Ky., 190. .. 

To , 

Chairman  Board  of  Trustees: 

Sir — I  have  to  notify  you,  in  accordance  with  Section  136, 

School  Law,  that  I  have  this  day  suspended from 

the  privileges  of  the  school  because  of  (here  insert  willful  dis- 
obedience, defiance  of  authority,  habitual  profanity,  disorder- 
ly conduct,  or  whatever  other  gross  violation  of  propriety  or 
law,  all  or  singular,,  as  the  case  may  be)  pending  the  investi- 
gation of  the  matter  by  your  Board. 

liespectfully, 

,  Teacher. 


(Form  No.  81.) 

Teacher- s  Inventory  of  Furniture  and  Apparatus. 

(Section  78.) 

District  No. County,  Ky. 

190... 

To , 

Chairman  Board  of  Trustees : 

Your  public  school  being  now  dosed  for  the  current  y^ar, 

I  submit  to  you,  as  the  law  requires,  the  following  inventory 

of  furniture  and  apparatus  left  in  the  school-house  when  I 

relinquished  charge  of  it:* 


*This  list  is  of  course  intended  only  as  a  suggestive  form,  to  be  varied 
by  the  Teacher  to  include  what  he  had  for  use,  its  condition  at  close  of  term, 
eitc.  Though  the  law  is  silent  on  that  point,  other  movables  may  judiciously 
be  Fisted. 


206 


LEGAL    FORMS    FOR    SCHOOL    OFFICERS.    TEACHERS,    ETC 


ARTICLE. 


KIND. 


CONDITION. 


1  Teacher's  desk  

1  Teacher's  chair   

40  Double  writing  desks  and  seats 

for   pupils    

10  Single  writing  desks  and  seats 
for   pupils 

1  Blackboard,  detached,  thirty- 
square  feet   

1  Blackboard,  part  of  wall, 
twenty  feet  

1  Water    stand 

1  Call    bell    

1  Class  bell   

1  Terrestrial  globe  

1  Wall  map  of  the  world  

1  Wall  map  of  the  United  States 

1  Wall  map  of  Kentucky 

1  Set  of  illustrated  charts  (state 
whether  on  stand  or  in  case).. 


Patent. 
Ordinary. 

Patent. 

Patent. 

Ordinary. 

Slated   Surface. 
Ordinary. 
For  hand  use. 

Half  meridian,   12-inch. 


Almost    new. 
Good. 

Old   and   rickety. 

New  and  good. 

Good. 

Cracked. 

Good. 

Cracked. 

Good. 

New  and  good. 

Old  and  worn. 

Good. 

Much   worn. 

New  and  good. 


Given  under  my  hand,  date  above  written. 


Teacher. 


(Form  No.  82.) 

Petition  to  County  Judge  for  a  Graded  Common  School, 

(Sections  100-130,  inclusive,  of  School  Laws.) 

,Ky., 190... 

To , 

Judge  of  the  County  Court  of *. 

Sir: — We,  the  undersigned  petitioners,  being  legal  voters 
and  tax  payers  in  the  bounds  hereinafter  set  forth,  respective- 
ly petition  that  you  order  an  election,  to  take  the  sense  of  the 
legal  white  voters  as  to  whether  a  Graded  Common  School 
shall  be  established  and  maintained,  by  the  levy  and  collec- 
tion for  that  purpose,  of  a  tax  of cents  on  each 

One  Hundred  Dollars'  worth  of  property  in  said  district, 
owned  by  tvhite  persons  and  by  corporations  and  a  poll  tax  of 

f on  each  white  inhabitant  therein  over  twenty-one 

3^ears  old,  under  sections  100  and  following  of  the  Common 
School  Law^s;  the  said  district  to  be  bounded  as  follows,  viz.: 
Beginning  at 

to  the  beginning. 


LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEAClWrRg.'ETG.  207 


We  further  represent,  that  the  following   boundary   em- 
braces Common  School  District  No and  parts  of  Nos 

and  this  petition  has  the  approval  of  a  majority  of 

the  trustees  of  each  of  said  districts  and  also  of  the  County 
Superintendent  of  schools. 

We  desio^nate 


as  the  site  of  the  building  for  the 

proposed  Graded  Common  School,  and  certify  that  said  site  is 
iiot  more  than  two  and  one-half  miles  from  any  portion  of  the 
boundary  of  the  proposed  district. 

We  respectfully  subscribe  ourselves  your  petitioners  as  set 
out  above,  this day  of ,  190 .  . . 


3. 
4. 
5. 
6. 


NAME  OF  PETITIONERS. 


7. 

8. 

9. 

10. 


NAME  OF  PETITIONERS. 


11. 
12. 

13. 
14. 
15. 
16. 
17. 
18. 
19. 
20. 


APPKOVAL  BY  THE  COUNTY  SUPERINTENDENT  AND 

TRUSTEES. 

The  foregoing  proposition,  as  contained  in  the  above  peti- 
tion to  establish  a  Graded  Common  School  District,  is  hereby 
approved. 

,  S.  C.  S. 

For County. 

We,  the  undersigned,  being  legal  trustees  of  such  Common 
School  Districts  as  are  indicated  below,  which  or  parts  of 
which  are  included  within  the  proposed   Graded   Common 


208 


LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,    ETC. 


School  District,  do  liereby  approve  the  foregoing  petition  and 
the  proposition  therein  set  forth. 

,  Trustee  District  No. . . 

,  Trustee  District  No. . . 

,  Trustee  District  No. . . 

,  Trustee  District  No. . . 

. .  . ,  Trustee  District  No. . . 

,  Trustee  District  No. . . 

Note. — This  must  be  filed  with  the  County  Judge,  after  it  has  been  per- 
fected, on,'  a  regular  County  Court  day,  and  an  order  made  by  the  Judge  in 
open  court  noting  that  it  was  filed.  It  then  lies  over  till  the  next  following 
court,  before  the  Judge  can  make  an  order  for  an  election. — ^Appellate  Court 
Decision. 


(Form  No.  S3.) 
Order  of  County  Judge  Filing  a  Petition  for  Graded  School. 
(Section  100  Common  School  Law  and  Court  Decision.) 
State  of  Kentucky, 


County  of  '  ^^' 

At  a  regular  term  of  the  County  Court  of  this  county,  held 

on  the Monday  of ,  190 .  . ,  the  petition  of  ten 

citizens,  tax  payers,  and  legal  voters  of  this  county  and  of. . 

magisterial  district  therein,  was  filed  in  open  court, 

asking  that  an  election  be  held  for  the  purpose  of  taking  the 
sense  of  the  voters  within  certain  boundaries  set  out  therein, 
as  to  whether  a  Graded  Common  School  District  shall  be  es- 
tablished. 

This  same  will  lie  over  one  month  for  exceptions. 

This day  of 190.  .. 

P.  J.  C.  C. 


(Form  No.  84.) 
(Section  100.) 


The  County  Judge^s  Order  for  the  Election  After  the  Filing  of  the 
Petition  for  a  Graded  Common  School  District. 

At  a  regular  Term  of  this  Court,  held  on  the day  of 

190 . . . ,  it  appearing  that  a  petition  signed  by 


LEGAL    FORMS    FOIJ    SCHOOL    OFFICERS,    TEACHERS,     I'/l't'. 


209 


a)    ,  (2) ,  (3) , 

(4)    ,  (5) ,  (f») , 

C^) (S) ,  (9) , 

(10) ,  and  otlicrs,  was  filed  Avith  the  County 

Judge,  at  the  last  regular  Term  of  this  Court,  asking  that  a 
Graded  Common  School  District  be  organized,  witli  its  boun- 
dary as  follows,  A  iz. :   Beginning  at 

and  that  the  site  for  the  school-house  of  said  proposed  District 

be ,  which  site  is  certified 

to  be  not  exceeding  two  and  one-half  miles  from  any  part  of 
the  boundary  of  the  said  proposed  district;  and  it  appearing 
also  that  said  petitioners  are  tax  payers,  legal  voters  and  resi- 
dents of  the  proposed  Graded  Common  School  District  and  of 
Justice^s  District  of  this  county;  and  it  fur- 
ther appearing  that  the  County  Superintendent  has  endorsed 
on  said  petition,  his  approval  of  same;  and  that  a  majority  of 
the  Trustees  of  each  Common  School  District  that  w  ill  be  em- 
braced within  said  proposed  Graded  Common  School  District 
in  whole  or  in  part,  have  endorsed  their  approval  on  said  pe- 
tition, as  provided  by  law;  and  the  Court  being  sufficiently 

advised,  orders  that ,  the  Sheriff  of  this  county 

be,  and  is  hereby,  directed  to  cause  a  poll  to  be  opened  and  an 

election  to  be  held  at ,  on  the  ....  day 

of ,  11)0  .  . .,  the  same  being  40  days  or  more 

after  the  entry  of  this  order,  for  the  purpose  of  taking  The 
sense  of  the  legal  w  hite  voters  residing  within  the  boundary 
of  the  said  proposed  Graded  Common  School  District,  whether 

there  shall  be  levied  and  collected  an  annual  tax  of  . 

cents  on  each  one  hundred  dollars  of  property  value  therein, 
subject  to  State  or  county  taxation,  owned  by  white  persons, 

and  I of  poll  tax  on  each  ^vhite  male  inhabitant  of  said 

proposed  Graded  Common  School  Distri'ct  over  twenty-one 
years  of  age,  for  the  purpose  of  establishing  and  maintaining 
a  Graded  Common  School  therein  as  provided  in  sections  100 
to  130  of  the  Common  School  Law. 

The  officers  of  said  election  will  also  cause  the  legal  voters 
of  said  proposed  Graded  Common  School  District  to  vote  for 
six  persons  to  be  Trustees  of  same,  in  case  said  tax  shall  be  ap- 
proved. 

[14] 


210 


LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,    ETC. 


The  officers  of  said  election  will  make  return,  in  due  form^ 
of  the  result  of  same,  at  the  earliest  da^-  practicable. 

Judge Count}^  Court, 

Note. — The  County  Clerk  must  give  a  copy  of  the  order  for  an  election 
to  \he  sheriff  of  the  county  within  ten  days  after  the  same  was  entered  by 
the  Judge.  i       , 


(Form  No.  85.) 
(Sections  102  and  122.) 

The  Sheriif,  within  ten  daijs  after  receiving  said  order,  and 
at  least  twenty  days  before  the  election  shall  have  said  order 
published  in  some  daily  or  weekly  paper  of  the  county  for 
twenty  da^s;  and  also  notices  of  the  election  must  be  adver- 
tised in  written  or  printed  hand-bills  posted  at  five  conspicu- 
ous places  in  the  proposed  district.  If  no  paper  is  published 
in  the  county,  the  hand-bills  will  be  sufficient.  To  avoid  all 
questions  of  controversy,  it  will  be  expedient  to  print  on  the 
hand-bills  the  entire  order  of  the  county  judge  directing  the 
Sheriff  to  hold  the  election. 

Then  under  said  order  and  on  the  same  paper  the  following* 
notice  should  be  printed  and  signed: 

Notice  is  hereby  given  that  in  obedience  to  the  above  order 

of  the  County  Court  of county,  I  will  hold  an 

election  at  the  time  and  place  indicated,  from  7  o'clock,  a.  m., 
till  4  o'clock,  p.  m.,  for  the  purposes  set  out  in  said  order. 
Those  who  may  vote,  are  all  white  males  over  twenty- 
one  years  old,  who  have  been  residents  of  the  pro- 
posed Graded  Common  School  District  for  siwty  days, 
and  in  the  county  for  six  months,  and  in  the  State  one  year,  pre- 
ceding the  day  of  said  election.  (See  section,  page  107,  Acts 
1891-2-3.) 

Dated,  the  .  . .  / day  of .,  190.  .. 

Signed ,  Sheriff  of 

County. 

Note. — On  the  day  of  election  or  before,  the  sheriff  will  appodnt  a  judge 
and  a  clerk  of  election,  who  must  be  sworn  by  some  one  authorized  to  admin- 
ister oaths,  faithfully  to  perform  the  duties  of  -their  office  in  holding  said 
election. 


LEGAL    FORMS    FOll    SCHOOL    OFFICERS,    TEACHERS,    ETC.  211 

(Form  No.  87.) 

Order  of  Count jj  Judye  Deelaring  a  Graded  Common  ScJiool  Dis- 
trict Established. 

(Section  104.) 

State  of  Kentuck}^,  )  . 

County  of ) 

At  a  called  term  of  this  court,  this  day  held,  it  was  entered 
of  record,  in  the  matter  of  the  election  for  a  Graded  Common 

School  District,  ordered  by  this  court  on  the day  of ... . 

,  190.  .,  that  same  was  duly  held  at  the  time  and  place 

set  out  in  said  order,  by Judge,  and , 

Clerk,  who  were  duly  appointed  and  qualified  by  the  sheriff 
for  the  purpose. 

It  is  shown  by  the  duly  certified  returns  of  said  election 
officers,  who  constituted  the  examining  board  to  ascertain 
and  make  report  of  the  result  of  said  election,  to  this  court, 

that votes  were  cast  at  said  election  for  the  tar,  and 

votes  were  cast  against  the  same.  Now  in  considera- 
tion of  the  premises,  it  is  adjudged  by  this  court  to  be  lawful 
for  the  trustees  of  said  Graded  Common  School  District  No. 
.  .  .  .,  of  this  county,  to  levy  and  have  collected  an  annual  tax 
of  not  exceeding  fifti/  cents  on  each  one  hundred  dollars  of  the 
property  of  white  persons  and  of  corporations  resident  of  said 
Graded  School  District  which  is  subject  to  State  or  county 
taxation,  and  also  a  poll  tax  of  |. . . .  on  each  white  male  in- 
habitant of  said  district  over  twenty-one  years  of  age,  all  for 
the  purpose  of  establishing  and  maintaining  a  Graded  Com- 
mon School  therein,  as  provided  in  sections  100  to  130,  inclu- 
sive. School  Law. 

It  was  further  certified  to  this  court  by  said  election  officers 

and  same  is  now  entered  of  record,  that (1) 

(2)  (3)  (4) 

(5)  and (6)  received 

the  highest  number  of  Azotes  for  Trustees,  and  are  hereby  de- 
clared elected  Trustees  of  said  Graded  Common  School  Dis- 
trict, and  they,  with  the  County  Superintendent,  are  directed 


212 


LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,     ETC. 


to  organize  a  School  Board  for  the  control  and  management 
of  said  District,  in  accordance  with  section  104  of  the  Common 
School  Law. 

All  of  which  is  certified  by  this  court,  this day  of 

.'.,190... 

Signed  ,  Judge 

County  Court. 

Note. — ^At  as  early  a  day  as  practicable,  after  the  foregoing  order  of 
the  County  Judge  has  been  made,  the  County  Superintendent  should  call  a 
meeting  of  the  trustees-elect  and  preside  at  the  meeting  till  a  President  of 
the  Board  has  been  chosen  by  the  members  thereof,  giving  a  deciding  vote  in 
case  of  a  tie. 


(Form  No.  88.) 

Notice  to  Trustee-elect  of  ^iraded  ^^cliool  to  Organize. 

(Section  104.) 

Office  of  Superintendent  of  Common  Schools, 

..Ky., ......190... 

To 

You  will  take  notice  that  in  the  matter  of  the 

Graded  Common  School  District  No.  .  . . ,  the  Ccmnty 

Judge  of County  has  adjudged  the  said 

Graded  C<>mmon  School  District  to  have  been  es- 
tablished by  the  recent  election,  and  that  the  tax  of on 

each  flOO  of  property  therein  may  be  levied  and  collected  for 
school  purposes,  and  that  you  were  duly  elected  a  trustee 
thereof.     Please  to  meet  me  and  the  other  trustees-elect  at 

on  the day  of ,  1 90 .  . ,  at 

1  p.  m.,  to  organize  the  Board  of  Trustees  of  said  district  and 
take  such  other  action  as  may  be  lawful  and  expedient. 

,  S.  C.  S. 


LKCiAl.     FOK.MS     FOit     SCHOOL    OFFICERS,     TEACHERS,     ETC, 


213 


(Form  No.  95.) 

Order  of  Couitty  Judijc  Appointing  Commission  to  Condenm^Land 

for  School  Site. 

(Seetioii  835,  Kentucky  Statutes.) 

State  of  Kentucky,  1       .  f 

County  of '^ j       ^^*^- 

At  a term  of  this  court ,  190 .  . , 

it  appearing  tliat ,  and ,  Trustees 

of  Common  School  District  No ,  of  this  county,  have 

filed  in  proper  form  a  petition  asking  that  the  land  therein 
described  shall  be  condemned  for  site  for  a  school  house  for 
said  district,  and  it  further  appearing  that  said  land  may 
properly  be  condemned  for  said  purpose; 

Now,  therefore, ,  . ,  and 

,  each  of  whom  is  an  impartial  housekeeper  and 

land-owner  in  this  count}^,  are  hereby  appointed  commission- 
ers of  this  court,  who  being  duly  sworn,  Avill  proceed  to  assess 
damages  to  the  owner  of  said  laud  in  consequence  of  taking 
same  for  school  site,  as  provided  in  section  77,  School  Law, 
and  Chapter  171,  Section  243,  Acts  of  1891-'92-'93. 

The  land  for  which  damages  are  to  be  assessed  lies  in  this 

county,  and  is  part  of  the  farm  of ,  (here  state 

whether  resident  or  non-resident,  and  give  legal   status  of 

owner);  is  situated  on  or  near ;  and  is  bounded 

as  follows:  (here  insert  description  as  contained  in  petition) 
and  contains acres. 

Said  commissioners  will  file  in  writing  Avith  the  Clerk  of 
this  Court  due  report  of  their  findings. 


Judge County  Court. 


214 


LEGAL    FORMS    FOR    SCHOOL    OFFICERS,    TEACHERS,     ETC. 


(Form  No.  96.) 

Report  of  Commlssimiers  to  Assess  Danwges  to  Land  to  he  Con- 
demned for  l^eliool  f^lte.* 


State  of  Kentucky, 
County  of 


I      8Ct. 


To , 

eTudge  of  the  County  Court: 

The  undersigned  commissioners,   , 

and ,  being  duly  appointed  by  the , 

County  Court  to  assess  damages  in  favor  of , 

for  about  one  acre  of  land  that  is  sought  to  be  taken  for  the 

site  of  a  school-house  for  District  No ,  and  being  duly 

sworn,  have  viewed  the  land  in  question  and  considered  all 
matters  as  required  in  Chap.  171,  Sec.  213,  Acts  of  1891-'92-'93, 

and  we  find  damages  in  favor  of  the  owner, , 

for  the  taking  of  said  lands  as  set  out  in  the  order  of  our  ap- 
pointment, in  the  stlm  of  (| ) dollars. 


Kespectfully  submitted, 

::::::;;::::,::::lo 


ommissioners. 


♦When  this  is  filed  with  the  County  Clerk  he  will  issue  summons  to  the 
owner  of  the  land  to  show  cause  why  the  report  should  noit  be  confirmed,  or 
warning  order,  as  the  case  may  be. 


Index  to  General  School  Laws, 


(Note. — Reference  is  made  to  sections,  not  to  pages.) 

Sections 

ADVERTISEMENT  of  election  for  Trustees  and  Tax   72 

Of  Taxes  assessed  and  wiien  to  pay 79,  80 

APPEALS— 

When  allowed,  may  be  l»y  interested  persons  56 

To  State  Board  from  Superintendent  of  Public  Instruction 34 

To  Superintendent  of  Public  Instruction  from  County  Superintendent.  56 

To  County  Superintendent  from  location  of  sohoolhouse  is  final 77 

To  County  Superintendent  on  suspension  of  pupil  is  final 136 

To  Circuit  Court  when  County  Superintendent  is  removed 58 

From  decision  of  Cdrcuit  to  Appellate  Court  58 

APPOINTMENT— 

Of  County  Examiners    60 

Of  Trustees     ^ 74 

Of  County  Superintendent  58 

Of  State  Board  of  Examiners 24 

APPRAISERS— 

To  condemn  site  for  schoolhouse 77 

ATTORNEY-GENERAI^- 

Opinion  of  may  be  asked  34 

Decision  of,  to  be  published 33 

Is  part  of  Staite  Board  15 

AUDITOR— 

Must  allow  no  more  expended  by,  etc 11 

Distributes  fund  on  warrant  of  Superintendent  of  Public  Instruction 14 

Furnishes  data  fpr  pro  rata 13 

Keeps  account  of  School  Fund 11 

Makes  transfers  mon'thly  11 

BEQUESTS— 

To  State  Fund,  who  cares  for  - 152,  35 

To  County  School  Fimd,  who  cares  for  50,  152 

ABOARD  OF  EXAMINERS— (See  State  Board  of  Examiners.) 

BOARD  OF  TRUSTEES- (See  Trustees.) 

BONDS— 

May  be  issued  by  Graded  School  Districts  when  117 

May  be  issued  by  Common  School  when   78 

Interest  on,  limited  to  6  per  cent,  or  less •  -127 

Executed  by  book-publishers   62 

Copy  of,  to  be  kept  by  County  Superintendents 62 

•  To  be  filed  in  office  of  Superintendent  of  Public  Instruction 62 


216  INDEX  TO   GENERAL  SCHOOL  LAW. 

Sectionsr 
BOOKS— 

For  County  Library  controlled  by  Trustees   149 

Adoption  of  by  Coumty  Board  61 

For  District  Library,  how  procured,  etc 150,  151 

For  indigent  pupils    43 

No  change  for  five  years  after  adoption  6L 

Publisihers  of,  execute  bond   61 

To  be  sold  at  stated  price 62 

When  adopted  for  county  to  be  used 61 

BLANK  FORMS— 

Furnished  by  Supenintendent  of  Public  Instruction  30 

BIENNIAL  report- 
To  each  Legislature  27 

Edition  of  Laws  to  be  edited  31 

BRIBERY— 

Who  deemed  guilty   88 

BUILDING— (See  Schoolhouse.) 

BOUNDARIES  OF  DISTRICTS— 

To  be  kept  by  County  Superintendent  67 

Furnished  to  Trustees  67 

May  be  changed  by  County  Superintendent  66 

Only  before  April  ls(t 41 

Only  on  notices  given  65. 

CERTIFICATE  TO  TEACH— 

Granted  by  County  Board  63 

Granted  only  to  moral  persons  64 

Not  issued  on  day  of  examination  63 

Granted  by  State  Board  of  Examination  133 

CHARITABLE  INSTITUTIONS— 

Superintendent  of  Public  Instruction  shall  set  out  object  of,  etc 28 

Their   Superintendent  shall    furnish    to   Superintendent   of   Public   In- 
struction,   etc • 28 

CHILDREN— 

Trustees  to  report  those  at  school  86 

Trustees  to  report  census  of  in  April 42,  85,  153" 

Trustees  to  suspend  Teacher  when  less  than  25  per  cent 83 

Trustees  to  look  after  non-attendance  82 

Trustees  to  supply  books  to  the  poo;*  43,  82 

Adequate  schools  for  teaching,  may  make  the  city,  etc 70 

Attendance  of  to  be  kept  by  Teacher  134 

May  be  suspended  from  School  by  Teacher 134 

Not  less  than  45  to  be  in  a  district   66 

Of  adjoining  Districts  may  be  taught  in  either  69 

Of  fraudulently  reported,  etc 46 

Number  of,  and  per  capita  13 

Must  comply  with  regulations  at  school 5 


INDEX  TO  GENERAL  SCHOOL  LAW.  217 

Section* 
CLAIMS— 

For  Staite  funds  due  in  Oct.,  Nov.,  Dec.  and  Jan 14 

For  Teachers  to  be  paid  on  second  Satturday  of  month 45 

Of  any  Teacher  may  not  be  bought  by  County  Superintendent 54 

Of  any  Teacher  may  not  be  bought  by  a  Trustee 88 

CLERK— (See  County  Clerk.) 

COLORED  SCHOOLS— 

Annual  Census  reported 153,  85,  42 

Distriota  numbered  with  letters  153 

Donations  for,  must  be  used  for^  as  donor  directs 152 

Institute  to  be  organized  for  Teachers,  in  155,  137 

^Kept  separate  from  white  schools   154 

Trustees  for,  elected  as  white  154,  72 

Taxes  for,  levied  on  property  of  colored  people  154 

COMMON  SCHOOLS— 

Defined  2 

COMPULSORY   ATTENDANCE— 

Ages  embraced  from  7  to  14 158 

Consecuitive  attendance  8  weeks 158 

Inoperative  when  child  has  finished  studies,  etc 158 

Kind  of  School  to  be  attended,  public  or  private,  etc 158 

Penalty,  how  recovered,  inures  to  whom,  etc 162 

For  false  statements,  to  avoid  161 

Prosecuition  for  non-attendance,  by  whom   160 

Prosecution,  when  malicnotis,  etc 163 

Tax-payers'  part  in  enforcing  the  law  160 

Time  of  attendance  annually 158 

White  children  not  to  attend  Colored  School  and  vice  versa 164 

CONSTITUTION— 

Requires  a  uniform  system  of  1 

COUNTERACTS— 

With  Teachers  must  be  written,  etc 81 

For  Schoolhouse,  etc 77,   78 

CORPORATIONS— 

Districts  are    75 

State  Board  of  Education  is 15 

COUNTY  ATTORNEY— 

Duty  to  prosecute  for,  etc 32 

Shall  act  for  Trustees,  when  78 

COUNTY  CLERK— 

Incompatible  with  County  Superintendent   38 

Shall  certify  annual  settlement,  etc 47 

Shall  file  census  report  of  Trustees  85 

Shall  file  affidavits   of  examiners    60 

Shall  file  census  and  reports  of  cities,  etc 70 

Must  give  Sheriff  copy  of  order  for  Graded  School 101 

Must  give  County  Superintendent  copy  of  order  for  Graded  School 104 


218  INDEX  TO   GENERAL  SCHOOL  LAW. 

Sections 
COUNTY  CLERK— Continued. 

Must  give  sworn  statement  of  examination,  etc 37 

Musit  notify  Superintendent  of  Public  Instruction  of  election  of  County 

Superintended  39 

Certify  to  the  correctness  pf  the  census  of  County  SupeTin-tendent 42 

Fees  of  to  be  paid  out  of  County  Levy 12 

Receives  office  record  of  County  Superintendent  in  certain  cases 59 

COUNTY  JUDGE— 

Must  purchase  books  for  poor  children  43 

Must  make  annual  settlement  with  County  Superintendent   47 

May  remove  County  Superintendent,  when  58 

Must  give  sworn  sitatement  as  to  examination,  etc 37 

Must  make  orders  for  Graded  Schools  101,  104 

Must  notify  Superintendent  Public  Instruction  of  vacancy,  etc 58 

Fees  of,  to  be  paid  by  Fiscal  Court 12 

COUNTY  SUPERINTENDENT— 

Age  of  37 

Annual  report — ^penalty  for  failing  to  make 48 

Appeal  from  decisions  of  taken  to  Superintendent  of  Public  Instruc- 
tion   34,   56 

Attendance  at  office 53 

Blanks  for  Trustees,  shall  deliver 52 

Bond,  official,  must  give  40 

Book  Publishers'  Bond,  copy  must  be  kept  on  file  by 61 

Census  report  of,  when  made 42 

Certificates,  county,  shall  be  issued  by 63 

Certificates,  State,  he  shall  notify  Superintendent  of  'Public  Instruction 

of  revocation  of  133 

County  officers  not  eligible  to  office 38 

Decisions,   official   56 

Devise,  gift  or  donation,  held  in  trust  by  50 

Districts,  power  over;  new;  abolishing,  etc 41 

Disitricts,  may  change  the  boundary  of 42,  65 

District  Taxation,  must  report  to  Superintendent  of  Public  Instruction 

amount  of  money  raised  by 116 

Diploma,   State;    he  shall  notify  Superintendent  of  Public  Instruction 

of  revocation  of 132 

Election  of  39 

Eligibility  to  office  of  38,  132 

Examination  of  Teachers  shall  be  conducted  by  61 

Examination  of  appMcants  for  office  of  37 

Error  in  census,  must  be  responsible  for  42 

Pence,  may  condemn ^ 41 

Furniture  and  apparatus,  may  condemn 41 

Grade  Book,  must  supply  teacher  with 41 

Graded  Common  School;  shall  pay  per  capita  of.  to  Treasurer  thereof.  .116 

Institutes,  must  organize 137 

Shall  select  place  for  holding;  conduct;  publish  minutes  142 

Library  Comnsittee,  shall  be  chairman  of 149 

Malfeasance  in  office,  may  be  removed  by  County  Court  for 58 


INDEX  TO  GENERAL  SCHOOL  LAW.  219 

Sections 

vCOUNTY  SUPERINTENDENT—Contimied. 

Misdemeanor,  is  guilty  of  in  case  of  failure  to  make  proper  payment  of 

and  settlement  for  moneys  47 

Notice  of  election  to  vote  tax  for  district  purposes  musit  be  signed  by. .  .94 

Oath  of  Trustee  and  Teachers  may  be  administered  by 51,  52,  63 

Official  record  of 49 

,    Penalty  for  buying  Teacher's  claim  or  acting  as  text-book  agent 84 

Penality  for  fraudulent  report 46 

Penalty  for  paying  Teacher's  salary  except  on  Chairman  s:  certificate . . .  135 

Qualification  of 37 

Record  of  each  District  must  be  kept  by 67 

Record  of  adoption  of  text-books  must  be  kept  by 61 

Record  book  for  Trustee,  must  furnish  each  District  with 76 

Salary  of 57 

Schoolhouses  may  be  condemned  by  41 

Schoolhouses  may  be  located  by,  in  case  of  appeal 77 

Settlement,  annual ;  when  made 47 

Successor,  duty  to    59 

Teachers,  payment  of;   how  and  when   45 

Teachers'  Register  and  Grade  Book  must  be  examined  by 41 

Terms  of  office  39 

Text-books    for    indigent    children,    shall    be    furnished    by    County 

Judge     r 43,  82 

Text-books,  must  keep  record  of T 61 

Tie  in  case  of.  Trustee  shall  be  appointed  by  72 

Trustees,  suspension  of  or  removal  of  by  55 

Vacancy  in  office  of  Tl'ustee,  to  be  filled  by 24 

Vacancy  in  office  of  Trustee,  how  supplied  58 

Visits  to  schools  and  records  of,  to  be  made  by  41 

Vacancy  in  office  of,  how  filled  58 

COUNTY  BOARD  OF  EXAMINERS— (See  Examiners.) 

COURTS— 

The  County  Fiscal  allows  salary  to  County  Superintendent   57 

Pays  fees  for  services  of  officials   12 

The  Circuiit  has  jurisdiction  in  removal,  etc 58 

The  Appellate  has  jurisdiction  from  the  Circuit   58 

The  Circuit  must  charge  the  grand  jury,  etc .156 

X>ISTRIBUTION— 

Annually  of  School  Laws   33 

T)ISTRICTS— 

Adjoining  districts,  privileges  of  69 

Area  of  66 

Boundary,  change  of;  on  what  conditions  changes  may  be  made 42,  65 

City,  town  or  village;  privileges  of,  and  provisions  concerning —  70 

Fractional  districts,  reclaiming  of,  etc 68 

Graded   Common    School   Districts    100 

Libraries,  organization  and  management  of  150,  151 

Name  and  number  of  65 

Hecord  of 66 

School-house,  location  of  67 

School,  population  of    66 


220  INDEX  TO   GENERAL  SCHOOL  LAW. 

Sections. 
DISTRICT  TRUSTEES— (See  Trustees.) 

'DISTRICT  TAXATION— (See  Taxation.) 

DOCTRINES— (See  Sectarian.) 

EDUCATION— 

State  Board  of,  how  organized  15- 

State  Department  of 9 

State  BoaTd  of,  to  prepare  and  publish,  etc 20 

EXAMINERS— 

Fee  for  examining  applicants 64 

For  State,  appoinJted  by  Superintendent  of  Public  Instruction 24 

For  County,  appointed  by  County  Superintendent  60' 

For  State,  may  grant  State  Certificates  and  Diplomas  133,  132 

For  County,  may  gran(t  County  Certificates,  1st,  2d  and  3d  class 133 

For  County,  must  sign  and  file  oath 60' 

may  not  accept  gifts,  etc 61 

may  examine  in  May,  .June,  .July  and  August  only  63 

must  report  on  condition  of  question  package 63- 

penalties  for  non-adoption  of  Books   61 

qualifications  of  State  ^ 24 

qualifications  of  County  60 

EVIDENCE— 

Any  official  before  i^moval  shall  have  opportunity  to  get 56" 

County  Superintendent  may  issue  subpoena,  for,  etc 89' 

EXPENSES— 

Of  State  Department  of  Education  paid,  etc 9* 

Of  County  Superintendent  paid  by  Fiscal  Court 5T 

Of  Institute  to  be  paid  out  of  funds  of 142: 

FISCAL  COURT— (See  Court.) 

funds- 
No  part  of  Common  School,  to  be  used  for,  etc 10' 

School,  consists  of  interest  on  bonds,  etc - 8- 

consists  of  22  cents  tax  on  each  $100,  etc 8 

consists  of  fines,  forfeitures,  etc 8 

Auditor  keeps  account  of  school  11 

The  net,  is  for  distribution  annually   12^ 

The  Superintendent  of  Public  Instruction  shall  apportion,  by  per  capita.  13-* 

Dues  shall  be  paid,  two-fifths  in  October,  etc 14^ 

Of  District,  controlled  by  Trustees   81 

For  Graded  School  to  be  provided  by  Board  of  Trustees 13" 

Of  Counties,  to  be  apportioned  by  Superintendent  of  Public  Instruction .  IS 
Of  the  schools,  not  used  to  pay  fees,  discounts,  etc 12" 

GRADED  COMMON  SCHOOLS-^ 

Accounts  of  collecting  officers,  how  settled 130 

Attendance,  conditions  of,  to  pupils   113,  114 

Assessment  of  property  for  taxation,  how  119,  128 

Board  of  Trustees  divided  into  three  classes   107 

Bonds  may  be  issued  when  two-thirds  vote  for 117 

m.ust  be  signed  by  President  and  Secretary  117 


INDEX  TO   GENERAL  SCHOOL  LAW.  221 

•GRADED  COMMON  SCHOOLS— Continued.  Sections 

Buildings  to  be  provided  by  the  Board  of  Trustees  117 

By-Laws  and  Rules  to  be  made  by  Board 109 

Cities  of  5th  and  6th  Classes  may  adopt  124,  125 

Common  School  property  vests  in  Board    120 

Colored  people  may  also  organize  Graded  Schools   .123 

County  Clerk  must  give  order  to  SheritT  in  10  days 101 

must  give  County  Superintendent  copy  of  final  order 101 

County  Judge  must  receive  petition   , .  1 00 

enter  an  order  for  election   100 

enter  order  declaring  result  of  election 104 

Pupils  may  go  ait  reduced  tuition  when   120 

Seminary  property  will  go  to  Board,  when 120 

Course  of  study  fixed   by  Board  of  Trusitees  but  must  embrace  Com- 
mon School  Stuflies   110 

Election,  first,  ordered  by  County  Judge  100 

held  by  appointees  of  Sheriff    102 

held  after  advertisement 107 

manner  of  holding 103 

officers  report  to  County  Judge 104 

Elections  held  after  first,  by  appointees  of  Board 121 

report  to  the  Board  121 

may  be  held  biennially  till  carried  122 

Interest  on  Bonds  limited  not  to  exceed  6  per  cemt 127 

Old  debts  may  be  paid  with  extra  taxation 126 

President  of  Board  shall  be  appointed  112 

Reports  made  by  President  and  Secretary : 112 

School  House  musit  be  provided  by  Board  117 

Secretary  of  Board  may  be  appointed 112 

Settlements  must  be  made  on  or  before  ]st  Monday  in  January 130 

may  be  required  quarterly    130 

Sheriff  must  advertise  within  10  days,  where  and  how  102 

advertise  twenty  days  before  the  eledtion 102 

swear  in  judge  and  clerk  of  election  103 

Taxes,  when  50  cents  may  be  collected   100 

when  75  cents  may  be  collected 117 

how  much  goes  to  each  fund   118 

collection  of,  how  governed  119 

Teachers  appointed  by  Board  of  Trustees 110 

must  hold  County  Cerltificates 110 

Trustees,  six  to  be  voted  for,  when  tax  voted  on 105 

County  Judge  declares  who  is  elected   : 105 

style  of  the  Board  as  a  corporation   106 

power  to  make  rules  for  all  106 

divided  into  classes  and  hold  three  years 107 

must  keep  a  journal  open  to  all  107 

take  oath  of  office   108 

vacancy  filled  till  next  election 107 

Treasurer  shall  be  appointed  by  Board  115 

give  bond  and  pay  out  money,  when  115 

shall  have  a  reasonable  salary   115 

Tuition  fee,  who  must  pay  and  who  goes  free  114 


222  INDEX  TO  GENERAL  SCHOOL  LAW. 

Sections 
HEALTH— 

Of  school  to  be  looked  after  by  Trustees  84 . 

HOLIDAYS— 

Teachers  have  benefit  of  such  when  observed 4 

INDEXING— 

Of  School  Laws  ito  be  done  biennially 31 

INFIDELS— 

Doctrines  not  to  be  taught  in  school 6  • 

Not  to  be  in  school  books  6 

Not  to  be  in  library  books ; 151 

LAND— 

For  site  of  schoolhouse,  may  be  condemned 77 

Rules  for,  formulated  by  State  Board 149 

LIBRARIES— 

County  Library,  provisions  concerning 148,  149 

District  Library,  provisions  concerning  150,  151 

Copy  of  all  official  publicaitions  to  be  sent 149- 

County  Board  to  make  rules  for  District  Library  150 

MISDEMEANOR— 

To  accept  oflice  and  then  fail  to  perform,  etc 91 

Yo  fail  to  deliver  records  to  successor  '.  59,  92 

For  Trustee  to  buy  claim  of  Teacher 88 

For  Trustee  to  receive  anything  for*  employing,  etc 88 

For  Examiner  to  receive  anything  for  adopting!  books 61 

For  a  County  Superintendent  to  pay  a  Teacher's  claim  nioit  certified 135 

For  County  Superintendent  to  act  as  agent  of  text-books 54 

T'or  a  Teacher  to  use  Stat-e  Board  questions  unlawfully 63 

For  a  Teacher  to  make  a  false  statement  in  a  report 135 

For  a  County  Superintendent  to  fail  and  refuse  to  pay  Teachers  their 

wages  47 

For  a  County  Superintendent  to  fail  to  be  at  his  office,  etc 48 

For  a  County  Superintendent  to  make  false  returns  46 

For  a  Trusitee  to  fail  to  make  census  report  of  his  District 85 

For  a  Trustee  to  make  a  false  census  report 85 

For  an  officer  of  eleotion  to  count  illegal  votes,  etc 73 ' 

ORGANIZATION— 

Of  State  Board  of  Education 15 

Of  State  Board  of  Examiners 24 

Of  County  Examining   Board    60 

Of  District  Board  of  Trustees   72 

Of  Institute  for  Teachers 137 

Of  County  Teachers'  Association  146 

Of  County  Library  ~. 149 

Of  District   Library    150 

Of  Colored  Schools,  etc 154 


INDEX  TO   GENERAL  SCHOOL  LAW.  223- 

Sections 
PASSWAY— 

Opened  to  schoolhouse  by  Trustees  77 

To  schoolhouse  over  land  of  others 77 

PAY— 

Of  teacher  only  on  certificate  of  Trustee 45 

Of  Teacher  only  on  filing  monthly  report 135 

PUPILS— 

Are  those  children  from  6  to  20  years  2 

All  must  comply  with  school  regulations 5 

Census  of  shall  be  taken  in  April 85,  4^ 

Completing  the  course  of  study,  etc.,  shall  receive 7 

May  be  suspended  or  expelled  for  disobedience  136,  5 

Should  abtend  regularly  and  promptly  82 

Have  the  privilege  of  attending  school  free 2 

In  districts  not  to  be  less  than  45,  etc 66 

PERJURY— 

To  make  a  false  census  list  . *. 85 

Wilfully  to  misstate  facts  to  Superintendent  of  Public  Instruction 46 

PROSECUTIONS— 

For  misappropriaition  of  school  funds  are,  by  County  Attorney 32 

For  neglect  of  duty,  are  by  Commonwealth's  Attorney,  when. 156 

For  official  misconduct  by  the  grand  jury  when 156 ' 

For  failure  to  provide  schoolhouse,  by,  etc 7^ 

RAILROADS— 

May  be  taxed  in  districts  where  found 79 

Officials  must  be  furnished  district  boundaries,  Sec.  4 XIII 

RECORDS— 

Shall  be  kept  of  orders  drawn  on  Auditor 26^ 

Shall  be  kept  of  official  decisions  of  Superintendent  of  Public  Instruc- 
tion    34 

Shall  be  kept  by  each  County  Superinltendent,  of  money,  etc 49 

Shall  be  kept  by  Trustees  of  their  doings  7& 

Shall  be  kept  by  Trustees  and  Secretary  of  Graded  Common  Schools 109 

Shall  be  kei^t  by  Teacher  of  his  school  134 

RECORD  BOOKS— 

For  showing  condition  of  school,  etc 134 

(See  Records.) 

ROADS— 

To  schoolhouse,  to  be  provided,  etc 77 

To  school,  not  to  charge  pupils  toll ; 77 

SATURDAY— 

May  not  be  used  for  school  day 4 

SCHOOL  DAY— 

Consists  of  6  to  9  hours  work  in,  etc 4 

SCHOOL  FUND— (See  Funds.) 


224  INDEX   TO   GENERAL  SCHOOL  LAW. 

Sections 
SCHOOLHOUSES— 

Condemnation  of  for  repairs,  furnishing,  etc 41,  78 

Insurance  of 78 

Reversionary  interest   in    75 

Site  of   77 

Size  of   , : 78 

Title  to   75 

To  be  provided  by  trustees 78,  117 

May  be  condemned  by  County  Superintendent 41 

SCHOOL  LAWS— 

Must  be  edited  biennially 31 

Published  and  circulated  annually   33 

Indexed  by  Superintendent  of  Public  Instruction 31 

SCHOOL  YEAR— 

Begins  July  1st,  and  ends  June  30th   3 

SCHOOL  MONTH— 

Consists  of  20  days  of  school  work  4 

SECTARIAN   DOCTRINES— 

Not  permitted  in  school  teaching   6 

Not  ito  be  in  school  books    6 

Not  to  be  in  library  books 151 

SETTLEMENTS— 

Annual,  to  be  made  by  County  Superintendemt  47 

Superintendent  of  Public  Ins'tniction  shall  notify  County  Judge,  etc 47 

SHERIFFS— 

To  collect  school  taxes,  when 79 

STATE  BOARD  OF  EDUCATION— 

Attorney-General  member  of   15 

By-Laws,  etc.,  for  government  of  schools  shall  be  prepared  by 20 

Chairman — ^Superintendent  of  Public  Instruction — ^shall   attest   corpor- 
ate acts  19 

Course  of  study  prescribed  and  published  by  20.  21 

Custodian  of  evidences  16 

Libraries,  duties  of  board  concerning  20 

Meetings,  how  called  18 

Powers  as  to  real  or  personal  estate  16 

Secretary  of  State,  member  of  • 15 

STATE  BOARD  OF  EXAMINERS— 

Appointed  by  Superintendent  of  Public  Instruction  24 

Certificates  to  teach  may  be  issued  by 133 

Diplomas  to  teach  may  be  issued  by 132 

Vees  for  examinations 132,  133 

Questions,  shall  prepare  four  series  for  Teachers 63 

for  examination  of  County  Superintendent 24,  37 

SUPERINTENDENTS  OF  CHARITABLE  INSTITUTIONS— 

Shall  report  to  Superintendent. of  Public  Insitniction 28 


INDEX  TO  GENERAL  SCHOOL  LAW.  225 

SectioDS 
SUPERINTENDENT  OF  PUBLIC  INSTRUCTION— 

Accounts  of 26 

Attorney-Gr^neral  shall  render  opinions  for,  on  request 34 

Appeals,  shall  decide  questions  of 34 

Appoint  day  and  furnish  questions  for  examination  of  applicants  to  fill 

vacancies  in  office  of  County  Superintendent  58 

Biennial  report 27 

Blanks,  he  shall  prepare,  etc 30 

Blanks  shall  be  supplied  to  Secretary  of  City  School  Board  for  annual 

report • • m 

Board  of  Education,  he  shall  be  Chairman  of 17 

Bond  of 22 

Contested  election  for  County  Superintendent,  duty  regarding 39 

Certificates,  blanks,  shall  prepare,  etc 30 

Certificates  of  Common  School  graduates,  he  shall  sign 7 

Certificates,  State,  duty  of  in  regard  to  133 

Charitable  institutions,  shall  make  report  of  in  biennial  report 28 

Clerks,  number,  salary,  etc 23 

Corporate  acts  of  State  Board  of  Education,  he  shall  attest 19 

Decisions  of  the  Court  of  Appeals  and  of  the  Attorney-General  touch-  ^ 

ing  school  matters,  he  shall  publish  biennially Z)fii, 

Decisions,  official  34 

Donations,  gift  or  devise,  duties  of,  relating  to 35,  152 

Institute  Conductors,  convention  may  be  called  by .139 

Institute  Instructor  may  be  appointed  by 144 

Laws  shall  be  edited  biennially  by 31 

Meetings  of  Board  of  Education,  how  called  18 

Meeting  of  Board  of  Examiners 18 

Neglect  of  duty  on  part  of  school  officers,  shall  report 32,  156 

Notices,  shall  prepare 30 

Oath  of  office 22 

Office  supplies 23 

Official  decisions 34 

Publications  for  annual  distribution 33 

Pro  rata  share  of  school  fund,  shall  be  determined  by 13 

Publisher's  bond,  must  file,  etc 62 

Records,  certified  copies  of  to  the  evidence  equal  with  originals 29 

Records,  official  34 

Record  book  for  Trustees,  shajU  furnish 76 

Salary  of 23 

State  Boardi  of  Education,  shall  publish  rules  and  regulations  of 33 

State  Board  of  Examiners,  shall  publish  nileg  and  regulations  of 33 

Settlement  of   26 

Shall  furnish  information  to  circuit  judges,  etc 156 

Shall  furnish  Teacher's  register,  etc 134 

Term,  when  begins,  etc 22 

Warrants  on  Auditor  for  school  fimd  drawn  by  14,  45 

TAXATION— 

For  building  and  furnishing,  by  Trustees 78 

For  Teacher's  salary,  voted  by  the  district 95 

For  Graded  School.     (See  Graded  School.) 


226  INDEX  TO   GENERAL  SCHOOL  LAW. 

Sections 
TAXATION— Continued. 

For  incidentals  levied  by  Trustees , 80 

How  collected 79 

TEACHERS— 

Assistant  Teachers  4 

Course  of  study,  must  enforce 136 

Certificate  of  qualification ; 131 

Diploma,  Sta  te,  provisions  concerning,  force  of 132 

Grade  book  and  register,  must  keep 134 

Institute,  must  attend 140 

Penalty  for  false  report ' 135 

State  certificate,  provision  concerning 133 

Suspension  of  pupil i36 

Term:  report,  must  make 135 

TEACHERS'  INSTITUTE— 

Attendance  on;  penalty  for  non-attendance,  etc 140 

Conductor  of    138 

Convention  of  Institute  Conductors  may  be  called  by  Superintendent 

of  Public  Instruction 139 

County  library  fund,  relation  to 142 

County  Teachers'  Association,  meeting  shall  be  held  during  session  of.  .146 

Colored  Institute 156 

Instruction,  subject  of 145 

Joint  Institutes .\ 141 

Normal  Instructor  may  be  recommended  for 144 

Notice  of  must  be  posted  143 

Organization,  object,  etc 137 

Place  of  holding  Institute  143 

Proceedings,  how  published 142 

Report  of  County  Superinltendent,  concerning 146 

TOWNS— 

How  to  organize  schools  in  fifth  and  sixth  classes  124 

How  schools  may  be  organized  in  third  and  fourth  classes 125 

TRANSFER  OF  PUPILS— 

Condition  of  from  one  district  to  another 69 

TREASURER  OF  STATE— 

Funds  unexpended  at  close  of  year,  to  be  returned  to 47 

TREASURER  OF  DISTRICT— 

To  have  warrant  paid  for  independent 14 

To  collect  taxes  for  building  and  incidentals  79 

To  be  appointed  for  Graded  School  115 

TRUSTEES— 

Annual  report  of 86 

Attendance  at  school,  duties  of  trustees  in  relation  to 83 

Census,  duties  in  relation  to ' 85 

Chairman  shall  sign  reports  87 

Contested  election,  duty  of  in  case  of 74 

Damages,  power  to  recover  for 77 

Disease,  infedtious  and  contagious,  duty  of  in  case  of 84 


INDEX  TO  GENERAL  SCHOOL  LAW.  227 

Sections 
TRUSTEES— Continued. 

Eligibility  to  office  of,  who  eligible,  number,  term,  etc 72 

Election,  when  and  where  held 72 

Fraudulent  election,  penalty  for 73 

Furniture  and  apparatus 77 

Graded  course  of  study  shall  be  enforced  by 20 

Insurance  of  schoolhouse  and  contents 78 

Institutes,  must  post  notices  of  time  to  be  held 143 

Incidental  expenses,  how  provided  for 80 

Malfeasance  in  office,  penalty  for 89 

Meetings  at  schoolhouse,  when  held,  etc 83 

Maps,  globes,  charts,  etc 78 

Neglect  of  duty,  penalty  for  32,  91 

Penalty  for  failure  to  furnish   schoolhouse  after  order  from   County 

Superintendent 78 

Penalty  for  makihg  false  census 85 

for    buying    Teachers'    claims,    and    for    fraud    in    employing 

Teachers  88 

Private  school  in  district  schoolhouse,  must  give  consent  to 81 

Powers  of  75 

Qualifications  of 74 

Record  book,  how  kept,  etc 76 

Railroad  tax '. 79 

Repairs  to  school  property  shall  be  made  under  direction  of 77 

Report  to  County  Superinitendent  names  of  children  who  are  unable  to 

purchase  books 82 

Road  to  school 77 

Schoolhouse,  shall  secure  site  for 77 

Schoolhouse  and  lot,  title  to,  vested  in  trustees 75,  77 

Schoolhouse  and  lot,  size  of,  value  of,  condemning,  furnishing,  etc 78 

Successor,  duty  to 92 

Suspension  of  pupils  83 

Tax  for  building,  ropairting,  etc 78 

Taxes,  levying  and  collecting,  duties  of  concerning 79  . 

Treasurer  of  Board  of  Trustees,  duty  of 79 

Teacher,  employment  and  removal  of 81 

Vacancy  in  office  of,  how  supplied 74 

Visit  to  parents 82 

witnesses- 
How  to  secure  attendance  89 


228  INDEX  TO  GENERAL  SCHOOL  LAW. 


SCHOOL  LAWS  OTHER  THAN  THOSE  FOUND  IN  CHAPTER 

260,  ACT  OF  ASSEMBLY,  1892-'9S,  WITH  ABSTRACTS 

OF  BECISIONS  AND  LEGAL  FORMS. 

(NOTE. — Reference  below  is  made  to  pages,  not  to  sections.) 

Pages 
I.    Public  Schools  in  cities  of  the  first  class 93 

II.  Public  Schools  in  cities  of  the  second  class 100 

III.  Public  Schools  in  cities  of  the  third  class 109 

IV.  Publid  Schools  in  cities  of  the  fourth  class 114 

V.  Provision  prohibiting  school  officer  becoming  interested  in 

contracts  in  building  school-houses  120 

VI.    A  tax  to  reimburse  trustees 121 

yil.    Provisions  for  paying  old  debt  of  Graded  CJommon  School 

District  Amended  Act 122 

VIII.    Adjunct  schools  and  colleges   124 

IX.    Agricultural  and  Mechanical  College  •• 125 

X.     State  Normal  School  for  Colored  Persons 135 

XI.    Assessment  of  and  payment  of  railroad  taxes  138 

XII.    Ctounty  Seminary  Property.  Act  amendatory  of  section  120..  142 

XIII.    How  to  incorporate  schools  and  colleges  143 

Abstracts  of  court  decisions  and  opinions  of  the  Attorney-Gen- 
eral  145  to  163 

Legal  forms  for  School  Officers,  Teachers  and  others 164  to  214 


/  / 


